Florida Non-Payment of Rent Notice Overview
Florida requires a 3-business-day notice to pay rent or vacate under F.S. §83.56(3) before a landlord can file an eviction action. Critically, Florida counts these 3 days in business days, not calendar days, meaning weekends and legal holidays are excluded. A notice served on a Friday effectively gives the tenant until the following Wednesday to pay. This distinction catches many out-of-state landlords off guard.
Florida handles evictions through the County Court system. With one of the largest renter populations in the country, Florida courts process a high volume of eviction cases. The state does not have a statutory grace period for rent, so the 3-business-day notice can be served the day after rent is due. Florida law is strict about what can be included in the notice—only rent may be demanded, not late fees, utilities, or other charges. Including non-rent charges voids the entire notice.
3 Days
Notice period
$185
Avg. filing fee
Yes
Right to cure
3-5 wks
Court process
Florida's 3-Day Notice Requirement
Under F.S. §83.56(3), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Florida's 3-day notice counts only business days (excludes weekends and legal holidays), making the effective period typically 5 calendar days. The notice must not demand any amount beyond rent—no late fees, utilities, or other charges may be included, or the entire notice is void.
Florida Business Days Rule & Rent-Only Requirement
Two critical Florida-specific rules: (1) The 3-day notice period counts BUSINESS DAYS only (F.S. §83.56(3)), so weekends and court holidays are excluded. A notice served on Friday doesn't expire until Wednesday. (2) The notice must demand ONLY rent—no late fees, utilities, insurance, or any other charges. Even adding $1 of non-rent charges will void the notice and result in dismissal. Florida courts strictly enforce both requirements.
Florida Legal Requirements (F.S. §83.56)
For the notice to be valid under Florida law, it must meet specific requirements established by statute and interpreted by Florida courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Florida law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Florida Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Florida's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and specified in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Florida law.
Florida Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Acceptance of partial rent during notice waives the notice under Florida case law.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Florida
Florida law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Florida courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Florida courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Florida County Court. Include the original notice and proof of service with your filing.
Florida Non-Payment Eviction Timeline
The Florida eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Business-Day Notice to Pay or Vacate | Day 1 |
| Notice period expires (3 business days) | Day 4-6 (calendar) |
| File eviction complaint in County Court | Day 5-8 |
| Summons served (tenant has 5 days to respond) | Day 8-15 |
| If no response, request clerk’s default | Day 13-20 |
| Default judgment for possession | Day 15-25 |
| Writ of possession posted (24 hours to vacate) | Day 20-30 |
Total estimated time: 3-5 weeks for uncontested cases. Contested cases with jury trial demand can take 2-4 months. High-volume courts (Miami-Dade, Broward, Orange County) may have longer wait times.
Florida Eviction Filing Fees & Costs
Filing fees for eviction actions in Florida vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| County Court Filing Fee | $185 - $300 |
| Service of Process | $40 - $80 |
| Writ of Possession/Restitution | $90 - $150 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal (if needed) | $300 - $500 |
Sample Florida 3-Day Non-Payment Notice
Below is a preview of our Florida-specific non-payment notice. The final document includes all statutory language required under F.S. §83.56(3) and is formatted for Florida court proceedings.
THREE (3) BUSINESS DAY NOTICE TO PAY RENT OR VACATE
STATE OF FLORIDA
Pursuant to Florida Statutes §83.56(3)
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Florida Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
FLORIDA STATUTORY NOTICE:
You are hereby notified that you are indebted to the undersigned for rent of the above-described premises in the amount of $[Amount] for the period of [Month/Year]. You have THREE (3) BUSINESS DAYS from service to pay the full amount of RENT ONLY due or vacate. This notice demands rent only as required by F.S. §83.56(3). If payment is not received within 3 business days, your lease will be terminated and eviction proceedings filed in Florida County Court.