Do you own rental property in Brevard County, Florida? If so, you probably know that a number of state and federal laws now protect tenants (through the enactment of the Florida legislature). So what are your options if your tenant is not paying rent or destroys your property? In this article, we’re discussing Florida’s notice to quit for Brevard landlords, so you understand how to legally evict a tenant in the most efficient manner possible.
What Is A Florida Notice to Quit?
The Notice to Quit form communicates to tenants a landlord’s intention to initiate eviction proceedings if they do not comply with an order and remain on the premises beyond the specified date.
If the tenant fails to pay rent, landlords can use a notice to quit form to end their Florida Residential Lease. Many people confuse the Florida Notice to Quit form with a “Writ of Possession,” however, they are not the same. A Writ of Possession is a court order issued by the courts after a landlord wins an eviction case.
If a tenant does not comply with the Notice to Quit (for example, if they fail to pay rent or vacate the premises), a landlord can take legal action to remove the tenant from the property. An experienced Brevard County property manager can help you serve a Notice to Quit to a tenant to regain possession of your rental property.
When Should You Use A Florida Notice to Quit?
When a landlord or property manager in Brevard County wants a tenant to comply with an order or vacate their rental property, they may send them a Florida Notice to Quit form. A Florida Notice to Quit typically states that the tenant has 3-7 days to remedy the problem or 30 days to leave the premises.
Reasons a Brevard County landlord might use a Florida Notice to Quit include:
- If a tenant in hasn’t paid their rent
- If a tenant causes damage to the property
- If a tenant in Florida hasn’t left the property after a lease has expired
If you issue a Florida Notice to Quit, and it is ignored by the tenant, you can file an “unlawful detainer,” lawsuit. In this instance, a trusted and experienced property manager can help you determine your next steps.
How To Serve A Florida Notice to Quit
A Florida Notice to Quit form must state information detailing the reason for serving the notice and the particulars of the request. The tenant must have an understanding and reasonable awareness of the issue and be given a choice to correct the issue or vacate the rental property.
Important details Brevard County landlords must include in a Florida Notice to Quit include:
- Name of the person or persons who need to comply with the order or vacate the property
- Address of the rental property
- Reason for issuing the notice
- Number of days the tenant has to fix the issue
- Date tenant must vacate the property if they cannot resolve the issue
- Date the Notice to Quit is served
- Signature of the person serving the Notice to Quit
Once created, the Notice to Quit must be presented to the tenant. An experienced Florida property management company can help you prepare and deliver this important document within the appropriate time frame.
Serving a Florida Notice to Quit
If you’re a landlord looking to evict a problem tenant in Brevard County, you need to know your legal obligations before proceeding. The Notice to Quit is an important part of the eviction process and must be delivered properly with all information included in order to be effective. This ensures that the tenant knows how much time they have to rectify the issue or vacate the property.
At Rent In Brevard, our knowledgeable property managers offer a full-service property management option to help you find responsible tenants and take care of your investment. If you’re a landlord in Brevard County and want to discuss your rental portfolio, contact us today to find out how we can help you!