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Florida Eviction Notice
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Florida at a glance: 3-Day Notice: For nonpayment of rent (excludes weekends/holidays) · 7-Day Notice: For curable lease violations · 7-Day Unconditional: For repeated or incurable violations
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Overview
Eviction Notices in Florida
Florida's eviction process is governed by Chapter 83 of the Florida Statutes. Florida requires different notice periods depending on the reason for eviction: a 3-day notice for nonpayment of rent or a 7-day notice for curable lease violations.
Florida has a relatively expedited eviction process compared to many other states. Once proper notice has been served and the tenant fails to comply, the landlord can file for eviction and the court typically schedules a hearing within a few weeks.
Key Facts
Florida Eviction Notice — Quick Reference
| Requirement | Florida Rule |
|---|---|
| 3-Day Notice | For nonpayment of rent (excludes weekends/holidays) |
| 7-Day Notice | For curable lease violations |
| 7-Day Unconditional | For repeated or incurable violations |
| 15-Day Notice | To terminate a month-to-month tenancy |
| Governing Law | Fla. Stat. § 83 |
Legal Requirements
Florida Legal Requirements
- 3-day written notice (excluding Saturday, Sunday, and legal holidays) required for nonpayment of rent.
- 7-day written notice to cure required for curable lease violations.
- Notice must be delivered personally, left at residence, or sent by mail.
- Tenants have the right to "pay and stay" — paying all rent owed within the notice period stops the eviction.
- Landlord cannot accept rent after serving a notice without voiding the notice.
Governing Laws
Florida Governing Laws
Fla. Stat. § 83.56
Notice Requirements
Specifies the notice periods required before filing for eviction in Florida: 3 days for nonpayment of rent, 7 days for lease violations.
Fla. Stat. § 83.67
Prohibited Practices
Prohibits self-help evictions including removing tenant's belongings, changing locks, or interrupting utilities without a court order.
Read the full text of these laws at Cornell Law School's Florida legal resources or your state legislature's official website.
Questions & Answers
Florida Eviction Notice — Frequently Asked Questions
Does the 3-day notice period in Florida include weekends?
No. The 3-day notice period for nonpayment of rent excludes Saturdays, Sundays, and legal holidays. So a notice served on a Friday may not expire until the following Wednesday.
What happens if a tenant pays rent during the 3-day notice period?
If the tenant pays all past-due rent (including late fees if specified in the lease) within the 3-day notice period, the eviction process stops. The landlord cannot proceed to file for eviction.
Can a Florida landlord accept partial rent during eviction?
Landlords should be cautious — accepting partial rent during the eviction process can waive the right to evict for the remaining balance. Full payment stops the process; partial payment may create complications.