How to Serve an Eviction Notice in Florida (2026): Notice Periods, Delivery Rules and What Happens Next
Florida is one of the fastest states to evict in, but only if the 3-day notice is perfect: the three days exclude weekends and court holidays, the notice may demand rent only, and the wording follows Fla. Stat. § 83.56(3) closely. Most dismissed Florida cases fail on the notice, not in the courtroom.
1. Pick the right notice
| Situation | Notice | Period | Statute |
|---|---|---|---|
| Rent not paid | 3-Day Notice to Pay Rent or Deliver Possession | 3 business days | Fla. Stat. § 83.56(3) |
| Lease violation | 7-Day Notice to Cure or Vacate | 7 calendar days | Fla. Stat. § 83.56(2)(b) |
| Unconditional quit | Intentional destruction of property, unreasonable disturbance, or repeat of a violation within 12 months of a prior cure notice | 7 days | Fla. Stat. § 83.56(2)(a) |
Excludes Saturdays, Sundays and legal holidays; notice may demand rent only.
2. What the notice must say
3-day notice must be substantially in the statutory form (Fla. Stat. § 83.56(3)), demand rent only, and be signed with the landlord's name, address and phone number. Posting is permitted only if the tenant is absent from the premises. Mailed notices add 5 days for delivery in practice (Fla. R. Gen. Prac. & Jud. Admin. 2.514(b)).
3. Serve it the way the statute allows
Permitted methods in Florida (Fla. Stat. § 83.56(4); § 83.505):
- Personal delivery to the tenant
- Mail (adds 5 days to the notice period)
- Leaving a copy at the residence (only if the tenant is absent)
- Electronic delivery (only if the lease authorizes it)
Write down the date, time, method and the name of anyone you handed it to — that becomes the proof of service the court will ask for. If a method involves mailing, keep the receipt.
4. Count the days correctly
Count business days only: weekends and court holidays do not count, and the day of service is day zero. For properties with a federally backed mortgage or federal subsidy the CARES Act requires 30 days' notice for nonpayment regardless of the state period.
5. What trips landlords up in Florida
- Counting Saturdays and Sundays. The three days exclude weekends and legal holidays, and the day of delivery does not count. Name the exact deadline date on the notice and count it twice.
- Adding late fees, utilities or damages to the amount due. The notice may demand rent only; other charges belong in the lawsuit unless your lease expressly defines them as rent.
- Mailing it and filing three days later. If you mail the notice, five more days are added to the deadline. Hand delivery, or leaving a copy at the residence when the tenant is absent, avoids the extra days.
- Accepting part of the rent after serving. Taking rent with knowledge of the default can waive the notice unless you follow the partial-payment procedure in § 83.56(5). When in doubt, refuse partial payments until the case is filed.
- Changing the locks or shutting off utilities. Self-help is prohibited by § 83.67 and exposes the landlord to damages of at least three months' rent.
6. After the deadline
If the tenant neither pays nor leaves, file a complaint for possession (and, if you want it, a separate count for back rent) in the county court where the property is. The tenant has five days, excluding weekends and holidays, to respond and must deposit the rent alleged due into the court registry to raise any defense other than payment (§ 83.60(2)). If they do not, you can move for a default judgment. After judgment the clerk issues a writ of possession, and the sheriff posts a 24-hour notice before removing the tenant.
Generate the notice
Our Florida eviction notice picks the period and the statutory wording for the situation you choose, counts the deadline for you, and adds the proof-of-service block. A watermarked preview is free; the clean PDF and Word file are $19.
Related: eviction notice periods in all 50 states · late fee caps by state · security deposit limits by state.
Questions
Is a Florida 3-day notice really just three days?
Three business days: Saturdays, Sundays and legal holidays are excluded, and mailing adds five days. A notice served on a Thursday usually expires the following Tuesday.
Can I include the late fee in the 3-day notice?
Only if your written lease defines late fees as additional rent. Otherwise demand base rent only; a notice that overstates the amount can be found defective.
What if the tenant pays after the deadline?
You are not required to accept it. If you do accept full payment before filing, the default is cured and you would need a new notice for a later default.
How current is this guide?
Reviewed September 2026. The periods, delivery methods and citations come from the dataset our Florida eviction notice generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about Florida statutes, not legal advice; FormsByState is not a law firm. Eviction law changes often and local ordinances add rules — verify the cited sections for your situation.