Eviction notices in Florida

Before filing for unpaid rent the landlord must deliver a written 3-day notice (excluding Saturday, Sunday and court-observed legal holidays) demanding payment of the rent or possession; if the rent is still unpaid the landlord may terminate the lease (Fla. Stat. § 83.56(3)). The notice requirement cannot be waived in the lease (§ 83.56(4)). If the landlord accepts partial rent after posting the notice, the landlord must give a receipt stating the agreed date and balance, put the partial rent in the court registry when filing, or post a new 3-day notice (§ 83.56(5)(a)).

Can the tenant pay to stop it? The tenant can stop the eviction by paying the full rent demanded within the 3 days.

Type:

Pay or move out

Notice period:

3 business days

Days not counted:

Saturdays, Sundays and legal holidays (court-observed holidays only)

Law:

Fla. Stat. § 83.56(3)–(5)

For a curable violation the landlord must deliver a written notice naming the violation and stating that the lease will be terminated if it is not corrected within 7 days. If the same violation recurs within 12 months after the notice, the landlord may file without another notice (Fla. Stat. § 83.56(2)(b)).

Chance to fix it: Curable violations (e.g. unauthorized pets, guests or vehicles, improper parking, not keeping the unit clean): the tenant has 7 days from delivery of the notice to fix it.

Type:

Fix it or move out

Notice period:

7 days

Law:

Fla. Stat. § 83.56(2)(b)

For non-curable or repeat violations the landlord may deliver a written notice terminating the lease, and the tenant has 7 days from delivery to move out (Fla. Stat. § 83.56(2)(a)). Fraudulent entry was added as a non-curable ground by ch. 2026-143, Laws of Fla., effective October 1, 2026.

When it applies: Violations that can't be cured (e.g. intentional destruction, damage or misuse of property; continued unreasonable disturbance; fraudulent entry of a dwelling using false identity or forged documents under § 817.537(2)) or a repeat of a similar violation within 12 months after a written warning.

Notice period:

7 days

Law:

Fla. Stat. § 83.56(2)(a); ch. 2026-143, Laws of Fla.

The 3-day rent notice itself excludes Saturdays, Sundays and court-observed legal holidays (Fla. Stat. § 83.56(3)). For periods in statutes that do not specify a counting method, Fla. R. Gen. Prac. & Jud. Admin. 2.514(a) says to begin counting on the next day that is not a weekend or legal holiday, and if the last day falls on a Saturday, Sunday or legal holiday the period ends on the next day that is not; periods under 7 days skip weekends and holidays. Rule 2.514(b) adds 5 days when a party must act after service made only by mail; the statute does not say whether this applies to the pre-suit notice. An e-mailed notice (allowed only with a signed e-mail addendum) is deemed delivered when sent unless it bounces (§ 83.505(4)).

By mailing, delivering a true copy, e-mail under § 83.505 (only if both parties signed an e-mail-notice addendum), or, if the tenant is absent, by leaving a copy at the residence (Fla. Stat. § 83.56(4)).

The landlord files a complaint for possession in the county court where the unit is located and gets summary procedure (Fla. Stat. § 83.59(2)); the tenant must answer within 5 days after service (§ 51.011(1)). If the tenant raises any defense other than payment, the tenant must pay the rent alleged into the court registry (or move to determine rent) within 5 days, excluding weekends and legal holidays, or the landlord gets an immediate default judgment (§ 83.60(2)). After judgment the clerk issues a writ to the sheriff, who puts the landlord in possession after 24 hours' notice posted on the premises; weekends and holidays do not stop the 24 hours (§ 83.62(1)). A landlord may recover possession only through court action, surrender or abandonment (§ 83.59(3)); cutting utilities, changing locks or removing the tenant's property is prohibited, with damages of actual damages or 3 months' rent, whichever is greater (§ 83.67).

• Since 2023 Florida preempts all local regulation of residential tenancies, including notice requirements, so local ordinances cannot change these notices (Fla. Stat. § 83.425, ch. 2023-314).
• Notices may be e-mailed only if both parties signed a voluntary e-mail-notice addendum; other delivery methods remain allowed (Fla. Stat. § 83.505, added 2025).

• Florida notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• Florida security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• Fla. Stat. § 83.56 Retrieved October 13, 2026.
• Fla. Stat. § 83.505 Retrieved October 13, 2026.
• Fla. Stat. § 83.425 Retrieved October 13, 2026.
• Fla. Stat. § 83.59 Retrieved October 13, 2026.
• Fla. Stat. § 83.60 Retrieved October 13, 2026.
• Fla. Stat. § 83.62 Retrieved October 13, 2026.
• Fla. Stat. § 83.67 Retrieved October 13, 2026.
• Fla. Stat. § 51.011 Retrieved October 13, 2026.
• Ch. 2026-143, Laws of Fla. (CS/HB 1293) Retrieved October 13, 2026.
• Fla. R. Gen. Prac. & Jud. Admin. 2.514 (July 1, 2026 ed.) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.