The 7-day notice to vacate, with no chance to cure.
Most lease violations get a week to fix. A few do not: serious damage, ongoing disturbances, and violations that repeat after a written warning. Here is when the no-cure notice applies and how to serve it.
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The tenant keeps the right to a court hearing.
A notice only starts the process. If the tenant doesn’t leave, you still have to file in county court and win a judgment. A notice that doesn’t match the violation can force you to start over, so use the no-cure notice only for conduct the statute lists.
Four situations.
Intentionally destroying, damaging or misusing the landlord's property or another tenant's property.
Conduct that continues or repeats and unreasonably disturbs other tenants or the landlord, such as repeated disruptive behavior after complaints.
A violation that repeats within 12 months after you gave the tenant a written warning about a similar one. The warning is what makes the second violation uncurable, so keep a dated copy.
Everything else, such as an unauthorized pet or an unapproved occupant, normally gets a 7-day notice that lets the tenant fix the problem first. That is a different notice.
Statute text and examples are summarized; confirm against the current statute.
Six steps.
- 1
Check that the violation qualifies
The no-cure notice is only for conduct that cannot reasonably be fixed, or a repeat of a violation you already warned about in writing within the past 12 months. If the tenant could simply stop the behavior and fix the problem, use the cure notice.
TimingBefore you write anything - 2
Write the notice
State the specific violation, the lease term or statute it breaks, and that the tenant must vacate within 7 days of delivery. Describe what happened with dates; avoid vague accusations.
TimingSame day - 3
Deliver it
Deliver by mail, by hand delivery of a true copy, or by leaving a copy at the residence if the tenant is absent. Email works only if you and the tenant both signed the § 83.505 addendum. Keep proof of how and when you delivered it.
TimingStarts the clock - 4
Count seven days from delivery
The statute excludes weekends and holidays only for the 3-day rent notice, so the seven days are ordinary calendar days. Leave a day of margin when mail is involved.
Timing7 days - 5
Don't accept rent in the meantime
Accepting rent with knowledge of the violation can waive your right to terminate for it. Talk to an attorney before you take a payment after serving this notice.
TimingThroughout - 6
If the tenant stays, file in county court
The notice does not remove anyone. Only the court and the sheriff can. See our eviction guide for filing, the 5-day response period and the writ of possession.
TimingAfter day 7
Related guides
Need the cure notice instead?
Our free builder produces a 7-day notice to cure a lease violation as a PDF. Enter the details, watch it update live, and download.
Draft a cure noticeBefore you act.
What is the difference between this and the 7-day cure notice?
The cure notice (§ 83.56(2)(b)) tells the tenant to fix a violation within 7 days or the lease terminates. The no-cure notice (§ 83.56(2)(a)) tells the tenant to leave within 7 days with no chance to fix the problem. Use the second only for the kinds of conduct the statute lists.
Does the 12-month repeat rule need a written warning?
Yes. The statute ties the no-cure notice for repeats to a prior written warning about a similar violation within the previous 12 months. Without the warning, the first violation generally gets the cure notice.
Can the lease change these rules?
No. The notice requirements in § 83.56 cannot be waived in the rental agreement.
Is there a builder for this notice?
Not yet. Our 7-day builder produces the cure notice. Because a wrong no-cure notice can force you to start over, consider having an attorney review one before you serve it.
This page summarizes Chapter 83, Part II of the Florida Statutes for general information. It is not legal advice, statutes change, and local court procedures vary. Read the full statutes and consult a Florida-licensed attorney about your situation.