Lease violation notices: cure or no cure.
When a tenant breaks the lease in a way that is not unpaid rent, Florida gives you two 7-day notices. One lets the tenant fix the problem. The other ends the tenancy outright. Which one applies depends on the violation.
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Taking rent can waive the violation.
If you accept rent while knowing about a violation, you waive your right to terminate or sue over that violation. It does not cover later or continuing violations. Talk to an attorney before you accept rent after serving a violation notice.
Two notices, one 7-day clock.
7-day cure notice
- Unauthorized pets, guests or vehicles
- Improper parking
- Unsanitary conditions
If the tenant fixes it in time, the lease continues.
7-day no-cure notice
- Intentional damage or misuse of the property
- A continued unreasonable disturbance
- A repeat within 12 months of a written warning
The notice terminates the lease. There is no chance to cure.
Repeat violations and waiver.
The tenant has 7 days from delivery to correct the problem. If they do, the lease continues. If they don't, the lease terminates.
No chance to cure. The notice terminates the lease and the tenant has 7 days from delivery to vacate.
If a curable violation happens again within 12 months of your notice, you may begin an eviction without serving a new one.
If you accept rent while knowing about a violation, you waive the right to terminate or sue over that violation, but not later or continuing ones.
Six steps.
- 1
Identify the violation
The violation must be of a tenant duty in the statute, a material term of the lease, or a reasonable rule. Document it with dates, photos or written complaints.
TimingDay 0 - 2
Choose the right notice
Curable problems get the 7-day cure notice. Intentional damage, a continued unreasonable disturbance, or a repeat of a similar violation within 12 months of a written warning can get the 7-day no-cure notice.
TimingSame day - 3
Deliver the notice in writing
Deliver by mail, by hand delivery of a true copy, or, if the tenant is absent, 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. Describe the violation specifically and cite the lease provision, because vague notices are easier to challenge.
TimingDay 0 - 4
Wait 7 days
Seven days from delivery. Do not accept rent in a way that could excuse the violation without advice (see the waiver rule above).
Timing7 days - 5
Check whether it was fixed
For a curable notice, confirm and document whether the violation stopped. If it was fixed, the lease continues.
TimingAfter 7 days - 6
If not, file for eviction
If the lease terminated and the tenant has not left, you may file a possession action in county court. See our eviction guide for the process.
TimingAfter the notice period
Related guides
Prevent violations in the lease.
A clear lease makes violations easier to define and prove. Our free builder produces a Florida residential lease as a PDF.
Start a leaseBefore you act.
Which violations are curable?
The statute lists examples such as an unauthorized pet, guest or vehicle, improper parking, and unsanitary conditions. If the tenant can stop or fix the problem, it is generally curable.
Which violations are not curable?
Intentional destruction or misuse of the property, fraudulent entry under § 817.537(2), a subsequent or continued unreasonable disturbance, and a repeat of the same kind of violation within 12 months of a written warning (§ 83.56(2)(a)).
Is this the same as the 3-day notice for unpaid rent?
No. Unpaid rent has its own 3-day notice with different counting rules. This guide covers every other violation of the lease or of the tenant's duties.
Is there a builder for this notice?
Not yet. A non-compliance notice builder is planned. Until then, you can use a Florida attorney's form, or follow the statute's requirements for a written notice describing the violation.
Can I enter the unit to check the violation?
Entry is limited by § 83.53, which generally requires reasonable notice for non-emergency access. Check the statute before you inspect.
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.