Eviction Notice Requirements in Florida

At a glance

Requirements one by one

Notice for unpaid rent

If you don't pay rent when due, the landlord may terminate only after the default "continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises" (§ 83.56(3)). Two points matter: the count skips weekends and court holidays, and the statute prescribes the exact wording of the demand — a notice that doesn't substantially follow the statutory form, or that demands the wrong things, can be challenged.

Notice for a lease violation

For a violation you can fix, the landlord serves a 7-day notice to cure: it must specify the noncompliance and warn that "if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement" (§ 83.56(2)(b)). The statute's own examples are unauthorized pets, guests, or vehicles, unauthorized parking, and failing to keep the unit clean. If the same kind of violation recurs within 12 months, the landlord can move straight to eviction without another notice.

Unconditional quit (no cure allowed)

Some conduct gets no second chance. If the violation "is of a nature that the tenant should not be given an opportunity to cure it" — the statute names intentional "destruction, damage, or misuse" of property, fraudulent entry under § 817.537(2) even without a criminal case, and a "continued unreasonable disturbance" — or if it is a repeat violation within 12 months of a written warning, the landlord serves a notice stating the lease is terminated and "the tenant shall have 7 days from the date that the notice is delivered to vacate the premises" (§ 83.56(2)(a)). There is no right to cure and stay. 2026 Fla. Laws ch. 143, §§ 2–3 made the fraudulent-entry example effective October 1, 2026.

Ending a month-to-month tenancy

To end a tenancy that has no fixed end date, either side gives written notice under § 83.57. For a month-to-month tenancy that means "not less than 30 days' notice prior to the end of any monthly period." The other periods scale with the rent cycle: 7 days for week-to-week, 30 days for quarter-to-quarter, and 60 days for year-to-year. (Florida raised the month-to-month figure from 15 days to 30 days in 2023 through chapter 2023-314.) Chapter 83 does not add a statewide just-cause condition to this periodic-tenancy route.

How the notice must be served

Section 83.56(4) sets the delivery methods: the landlord may mail it, hand you a true copy, e-mail it "in accordance with s. 83.505," or, "if the tenant is absent from the premises, by leaving a copy thereof at the residence." E-mail works only after both parties sign the statutory addendum, voluntarily choose electronic delivery, and provide valid addresses. The sender must keep the notice and transmission evidence; delivery occurs when sent unless the message returns as undeliverable. Section 83.56(4) separately says the notice requirement cannot be waived in the rental agreement.

Tenant's right to cure/reinstate

For a rent default, paying the full amount demanded within the 3-day window ends the matter — the notice is a demand for "payment of the rent or possession." If you pay part of the rent after a nonpayment notice is posted, the landlord doesn't automatically waive the eviction, but must then give you a receipt, put the partial payment in the court registry, or post a fresh 3-day notice for the new balance (§ 83.56(5)(a)). Separately, a tenant who acted in good faith may raise "retaliatory conduct" as a defense — for example, being evicted primarily because you reported a code violation or organized with other tenants (§ 83.64(1)) — though that defense fails if the landlord proves the eviction is for good cause like nonpayment.

What trips people up

"Three days" is not three calendar days. The nonpayment clock excludes Saturdays, Sundays, and court-observed holidays, so a notice delivered late in the week can leave you until the following week to pay. Count only court days.

The nonpayment notice has to use the statutory language and demand rent. Section 83.56(3) supplies the required form as a demand for rent or possession and requires the notice to identify the three-day deadline correctly.

Curing once doesn't reset the clock forever. If you fix a violation but the same kind of problem recurs within 12 months, the landlord can proceed to evict without giving you another 7-day cure notice.

Common questions

My 3-day notice was delivered on a Friday — is Monday my deadline?

No. The statute excludes Saturday, Sunday, and court-observed holidays, so the weekend doesn't count; the three days run on days the court is open.

Can my landlord end my month-to-month lease without alleging a violation?

Yes, if they give at least 30 days' written notice before the end of a monthly period. Section 83.57 does not require that notice to state a tenant violation.

Statutes and sources

• Fla. Stat. § 83.56(3) — 3-day (weekends/holidays-excluded) notice to pay rent or deliver possession. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html (accessed 2026-10-02)
• Fla. Stat. § 83.56(2)(b) — 7-day notice to cure a fixable violation. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html (accessed 2026-10-02)
• Fla. Stat. § 83.56(2)(a) — 7-day notice to vacate for a non-curable or repeat violation. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html (accessed 2026-10-02)
• Fla. Stat. § 83.56(4) — permitted delivery methods; notice cannot be waived. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html (accessed 2026-10-02)
• Fla. Stat. § 83.505 — voluntary e-mail addendum, delivery timing, and sender recordkeeping. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.505.html (accessed 2026-10-02)
• Fla. Stat. § 83.57 — notice to end a tenancy of no set duration (30-day month-to-month, etc.). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.57.html (accessed 2026-10-02)
• Fla. Stat. § 83.56(5)(a) — partial-rent-acceptance rules after a nonpayment notice. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html (accessed 2026-10-02)
• Fla. Stat. § 83.64(1) — retaliatory-eviction defense. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.64.html (accessed 2026-10-02)
• 2026 Fla. Laws ch. 143, §§ 1-3 — fraudulent-entry offense, eviction ground, and October 1, 2026 effective date. https://www.flsenate.gov/Session/Bill/2026/1293/BillText/er/PDF (accessed 2026-10-02)