The Florida 3-day notice for unpaid rent.
Before you can file an eviction for unpaid rent, Florida requires a written demand giving the tenant three days to pay or leave. Here is what it must say, how the days are counted, and what to do next.
Checked against the Florida Statutes on
Weekends and court holidays don't count.
The three days exclude Saturdays, Sundays and legal holidays, and for this purpose “legal holidays” means only holidays the courts observe. A notice served on a Friday will usually run into the following week.
Four things every notice needs.
State the exact rent that is past due. Demand rent, not late fees or other charges, unless your lease defines them as rent. Including amounts you cannot demand can get the notice thrown out, so ask an attorney if you are unsure.
A specific date by which the tenant must pay or move out. Counting rules are below.
Your name, address and phone number, or those of the person the tenant should pay.
The statute includes a model demand notice. Our builder follows the same elements.
Six steps.
- 1
Confirm the rent is actually late
Check your lease for the due date and the rent amount, and your ledger for what has been paid. The statute lets you demand payment or possession after the rent is due.
TimingDay 0 - 2
Prepare the notice
Use the statute's model wording or our builder. Include the amount, address and county, deadline date and your contact details.
TimingSame day - 3
Deliver it
Deliver the notice by mail, by hand delivery of a true copy, or, if the tenant is not home, by leaving a copy at the residence. Email counts only if you and the tenant both signed the email addendum in § 83.505. Keep proof of how and when you delivered it.
TimingBefore the clock starts - 4
Count three days, skipping weekends and holidays
Saturdays, Sundays and court-observed legal holidays do not count. For example, a notice delivered on a Thursday would normally have Friday, Monday and Tuesday as days 1 to 3, so the deadline is Tuesday. Confirm your county's counting practice before you rely on a date.
Timing3 business days - 5
If the tenant pays in full, the lease continues
Accept the full amount demanded and keep a receipt. The tenancy goes on and there is nothing to file.
TimingBy the deadline - 6
If they don't, you may file for eviction
After the deadline passes without payment, the lease is terminated and you may file a possession action in county court. See the full process in our eviction guide. Do not change the locks or shut off utilities.
TimingAfter the deadline
Related guides
Draft the notice in minutes.
Our free builder produces a 3-day notice as a PDF. Enter the tenant, address, amount and dates, watch it update live, and download.
Draft a noticeBefore you act.
What if the tenant pays only part of the rent?
Accepting partial rent after you serve the notice does not waive your right to evict, but you must do one of three things: give the tenant a receipt for the partial payment before you file, deposit the partial rent into the court registry when you file, or serve a new 3-day notice for the new balance (§ 83.56(5)).
Can I post the notice on the door?
The statute lets you leave a copy at the residence when the tenant is absent, in addition to mail and hand delivery (and email, if you both signed the § 83.505 addendum). If you are unsure which method is safest for your situation, ask a Florida attorney, because defective delivery can force you to start over.
Do I need a 3-day notice if the lease has expired?
No. A tenant who stays after the lease ends without your permission is a holdover, and the 3-day notice is for unpaid rent during the lease. Section 83.58 lets you seek possession and double rent for a holdover. See our eviction guide.
Can the lease change the notice period?
No. The notice requirements in § 83.56 cannot be waived in the rental agreement.
Does this work for subsidized tenants?
Different rules can apply. Section 83.56(5) says the waiver rules treat the government-subsidized portion of rent differently, and federal programs add their own notice requirements. Check the program rules or ask an attorney.
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.