You may give the landlord a written seven-day notice before the rent comes due to initiate the repairs needed or else you will be moving or withholding the rent. If the landlord fails to make the repairs, you can either move or withhold the rent. If you withhold the rent, the landlord may give a three-day notice for the rent and initiate eviction proceedings. You have the right to post the rent with the Court and have a hearing before a judge.
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A three-day notice may be given stating the amount of rent owed and the time the rent would have covered if paid. The notice must give them three working days, excluding Saturdays, Sundays, and holidays, in which to pay the rent in full or vacate the premises. If they fail to pay rent or to vacate, a suit for eviction may be started.
Please consult the Fee Schedule (PDF) for a current list of fees and costs.
A completed complaint along with five copies of the notice given to the tenant and the lease (if applicable), and a pre-stamped envelope addressed to each tenant.
The filing fees paid to the Clerk can be paid in:
However, the Sheriff's fee must be paid in Business Check or Money Order payable to the Escambia County Sheriff's Department.
A seven-day notice with cure can be given for non-compliance with the rental agreement (unauthorized people or pets, piling up trash, loud noise, etc.). If the tenant is seriously damaging the property, a seven-day notice without cure may be given.
If you are on a month to month agreement, you may give a fifteen-day notice in the middle of any month, terminating the rental agreement and asking for possession of the property after fifteen days.
A five day summons is issued to the defendant. They have five working days to respond to the Court and a hearing will be set before a judge. If they fail to respond, the landlord must come back to the Clerk's Office, complete and sign a Motion for Default, and pay $90 to the Sheriff. A twenty-four-hour notice to move will be served by the Sheriff. After the twenty-four hours has elapsed, the Sheriff will remove the tenants from the property.
Please refer to Florida Statute 715.109 on how to dispose of the property and protect yourself from liability.
Please refer to Florida Statute 83 for direction, or you may want to contact an attorney.
The landlord should give a proper notice in writing to you and then the landlord should start eviction proceedings with the Court which would serve you with a summons by the Sheriff and give you an opportunity to file an answer and have a hearing before a judge.