When a residential tenant falls behind on rent in Florida, the eviction almost always starts with a 3-day notice under section 83.56(3) of the Florida Statutes. The notice looks simple, but it is a required first step. If it is wrong, the court can dismiss the case, and the landlord may have to serve a new notice and start over. Here is what a landlord should know.
What the notice must say
The statute gives a form for the notice. In general, it should include:
- The tenant's name and the property address, including the county.
- The exact amount of rent owed.
- A demand for payment of the rent or possession of the unit within 3 days.
- A specific deadline date by which the tenant must pay or move out.
- The landlord's name, address and phone number.
Rent only
The notice is for rent. Florida law defines rent as the periodic payments due for occupancy, plus other payments the written lease designates as rent. Late fees, repair charges, utilities and other costs usually shouldn't be included unless the written lease clearly treats them as rent. Adding amounts that aren't rent is one of the most common reasons a notice is challenged.
Counting the 3 days
The 3 days don't include the day the notice is delivered, Saturdays, Sundays or legal holidays. For this notice, "legal holidays" means court-observed holidays only. Count carefully and give the tenant the full time. A deadline date that is even one day short can make the notice defective.
Delivering the notice
The statute allows a few ways to deliver the notice:
- Hand delivery of a true copy to the tenant.
- Leaving a copy at the residence if the tenant is absent.
- Mail. Mailing can affect how the days are counted, so many landlords avoid relying on it alone.
- Email, but only if both sides signed a written addendum agreeing to email notices under section 83.505.
Keep a record of how, when and by whom the notice was delivered, and keep a copy or photo of the notice itself.
Accepting money after the notice
Taking rent while knowing the tenant owes more can cause problems. If a landlord accepts a partial payment after the notice is delivered, the law generally requires one of these before or when filing: give the tenant a receipt showing the date, amount and remaining balance; deposit the partial payment into the court registry; or deliver a new 3-day notice for the new amount. Accepting the full amount demanded generally ends that notice.
Common mistakes that restart the case
- Demanding more than the rent actually owed, or including non-rent charges.
- Getting the deadline date wrong, or counting weekends or court holidays.
- Leaving out the landlord's name, address or phone number.
- Using email without a signed email-notice addendum.
- Accepting partial rent without following the receipt or registry rules.
- Filing the eviction before the deadline has passed.
A tenant can also raise defenses after the case is filed, such as a defective notice or the landlord's failure to keep the unit in repair. In a case about unpaid rent, the tenant generally must deposit the rent claimed into the court registry, or ask the court to decide the amount, to raise those defenses.
This article is general information about residential 3-day notices under Florida law, not legal advice. Commercial tenancies and subsidized housing can follow different rules. Every case is different, and reading this doesn't create an attorney-client relationship.