Before a Florida landlord can file to remove a tenant, they must deliver a written notice, and the type of notice depends on the problem. A Florida eviction notice falls into one of four categories: a three-day notice for unpaid rent, a seven-day notice giving the tenant a chance to cure a lease violation, a seven-day unconditional notice for serious conduct, or a no-fault termination notice whose length depends on how often rent is paid. The notice does not evict anyone on its own. It sets a deadline, and if the tenant does not pay, fix the problem, or move out by that deadline, the landlord can then file an eviction lawsuit in county court.
Three-Day Notice for Unpaid Rent
When rent is late, the landlord can serve a three-day notice demanding payment or possession. The tenant has three business days to pay the full amount or vacate; if neither happens, the landlord can file for eviction.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
The notice should list only rent. Late fees, utility charges, and interest cannot be lumped in unless the written lease specifically defines them as “additional rent.” Inflating the amount owed is one of the fastest ways to get a three-day notice thrown out, which forces the landlord to serve a new one and restart the clock.
Seven-Day Notice With a Chance to Cure
For lease violations the tenant can realistically fix, the landlord must give a seven-day notice describing the problem and allowing a week to correct it.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement Typical examples include an unauthorized pet, parking in a restricted area, or failing to keep the unit clean and sanitary.
If the tenant fixes the problem within seven days, the lease continues. But the notice doubles as a warning: if the same type of violation happens again within 12 months, the landlord can move straight to termination without offering another cure period. The curable notice must spell this out for the warning to carry forward.
Seven-Day Unconditional Notice
Some conduct is serious enough that the law does not require the landlord to offer a fix. A seven-day unconditional notice tells the tenant the lease is terminated and they have seven days to vacate.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement This applies to things like intentional destruction of the property, repeat violations after a prior warning, or behavior that threatens the health and safety of other residents.
No-Fault Termination Notices
A tenancy with no fixed term can be ended by either side without pointing to any wrongdoing. The notice length depends on the rent cycle:2The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term
- Week-to-week: at least 7 days before the end of the weekly period
- Month-to-month: at least 30 days before the end of the monthly period
- Quarter-to-quarter: at least 30 days before the end of the quarterly period
- Year-to-year: at least 60 days before the end of the annual period
No reason has to be given. The piece people most often get wrong is the timing: the notice must land before the cutoff, and the tenancy does not actually end until the current rental period finishes. A 30-day notice served mid-month does not terminate on day 31; it terminates at the end of the following full month.
What the Notice Must Include
A valid eviction notice is more than a letter asking someone to leave. For a three-day rent notice, the document must identify the tenant by name, give the full address of the unit including the county, state the exact dollar amount of rent owed, and demand payment or possession by a specific date.3Florida Senate. Florida Code 83.56 – Termination of Rental Agreement The statute includes a model form, and sticking close to that wording is the safest approach, because courts have dismissed notices that drift too far from the template.
Seven-day notices tied to a lease violation must describe the specific noncompliance. “You violated the lease” is not enough. The notice should say what the tenant did, when it happened, and which lease term or legal requirement it violated.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The curable version must also warn the tenant that a repeat of the same conduct within 12 months can lead to termination without another chance to fix it.
How the Notice Must Be Delivered
Section 83.56(4) sets out the acceptable delivery methods:1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
- Personal delivery: handing a copy directly to the tenant
- Mailing: sending a copy by regular mail, though certified mail with a return receipt creates a stronger paper trail
- Posting at the residence: if the tenant is absent, leaving a copy at the rental unit
As of the 2025 statutory update, notices may also be delivered by email if both parties have agreed to electronic communication under Section 83.505. A lease cannot waive the notice requirement itself, regardless of what it says.
Document the delivery. Landlords commonly photograph a posted notice with a timestamp, keep certified mail receipts, or have a witness sign an affidavit confirming delivery. Those records matter if a tenant later claims the notice never arrived.
Counting the Response Deadline
The clock on a three-day notice starts the day after delivery. Saturdays, Sundays, and legal holidays do not count, and if the final day falls on a weekend or holiday, the deadline extends to the next business day.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
In practice: deliver a three-day notice on a Monday and the count runs Tuesday, Wednesday, Thursday, with the deadline at end of day Thursday. Deliver it on a Wednesday and the count runs Thursday, Friday, then skips to Monday, giving the tenant until end of day Monday.
Seven-day notices work on calendar days from the date of delivery rather than business days only. So a three-day rent notice often gives a tenant five to seven calendar days to act, while a seven-day notice is a full week.
What a Landlord Cannot Do During the Notice Period
No matter how overdue the rent is, Florida law prohibits self-help eviction. A landlord cannot change the locks, shut off utilities, remove doors or windows, or move a tenant’s belongings to the curb.4The Florida Legislature. Florida Code 83.67 – Prohibited Practices None of these shortcuts are legal, even once the notice period has expired.
A landlord who does any of this owes the tenant actual and consequential damages or three months’ rent, whichever is greater, plus attorney’s fees and court costs. Each separate violation can trigger its own damages award, and tenants can get an emergency injunction forcing restoration of access or utilities.
What Happens After the Notice Expires
An expired notice does not remove the tenant; it unlocks the landlord’s right to file. Once the deadline passes without payment, cure, or move-out, the landlord files a complaint for possession in the county court where the property sits.5The Florida Legislature. Florida Code 83.59 – Right of Action for Possession Florida evictions run on summary procedure, which moves faster than a regular lawsuit. The clerk issues a summons and the sheriff serves the tenant.
After service, the tenant has five days, excluding weekends and holidays, to file a written answer.6The Florida Legislature. Florida Code 51.011 – Summary Procedure No response means the landlord can seek a default judgment. A response triggers a hearing. If the landlord wins, the court enters a judgment for possession, the clerk issues a writ of possession, and the sheriff serves it on the tenant, who then has 24 hours to leave before the sheriff can remove them and allow the locks to be changed.7The Florida Bar. Form 11 Writ of Possession
Court filing fees for evictions typically range from $185 to $400 depending on the county, and sheriff service fees usually run $40 to $90. The landlord pays these upfront, though the court can award them as part of the judgment.