THREE-DAY / SEVEN-DAY / FIFTEEN-DAY NOTICE OF TERMINATION & DEMAND FOR POSSESSION
(Florida Residential Tenancies – Fla. Stat. § 83.56)
[// GUIDANCE: This template is drafted for residential evictions under Florida Statutes, Part II, Ch. 83. It intentionally combines the three principal statutory notice categories—(a) non-payment of rent (3-Day), (b) curable non-compliance (7-Day “Cure”), and (c) termination of a month-to-month tenancy (15-Day). Delete all inapplicable bracketed language before service.]
I. DOCUMENT HEADER
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Parties
1.1 Landlord: [LANDLORD LEGAL NAME], a [Florida/ __] [individual/limited liability company/corporation], with a principal address at [LANDLORD ADDRESS] (“Landlord”).
1.2 Tenant: [TENANT LEGAL NAME(S)] residing at [RENTAL PROPERTY ADDRESS] (“Tenant”). -
Lease Identification
2.1 Written/Oral Lease dated [LEASE DATE] (the “Lease”).
2.2 Premises: [LEGAL DESCRIPTION OR STREET ADDRESS]. -
Effective Date; Statutory Authority
3.1 This Notice is issued on [DATE] (the “Notice Date”) pursuant to the Florida Residential Landlord and Tenant Act, Fla. Stat. § 83.56.
3.2 Governing Law & Venue: Florida law; exclusive venue in the county court for [COUNTY], Florida housing division.
II. DEFINITIONS
“Business Day” – Any day other than Saturday, Sunday, or legal holiday observed in Florida.
“Cure Amount” – The total sums itemized in § III.3 below required to avoid termination.
“Notice Period” – The statutory period measured from the next Business Day after service is deemed complete, excluding weekends and legal holidays where applicable.
“Possession Date” – The day immediately following expiration of the applicable Notice Period.
III. OPERATIVE PROVISIONS
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Notice Category
Landlord hereby elects to proceed under:
☐ Non-Payment of Rent (Three-Day Notice) – Fla. Stat. § 83.56(3)
☐ Curable Non-Compliance (Seven-Day Notice to Cure) – Fla. Stat. § 83.56(2)(b)
☐ Month-to-Month Termination (Fifteen-Day Notice) – Fla. Stat. § 83.57(3)
[// GUIDANCE: Select only one box and delete the others.] -
Statement of Default / Termination
Tenant is in default of the Lease by reason of [describe default—e.g., “failure to pay rent” / “unauthorized pet” / “continued occupancy after end of monthly term”]. -
Cure Amount (if applicable)
a. Past-due Rent: $[ ]
b. Late Fees (per Lease): $[ ]
c. Other Charges Permitted by Law: $[ ]
Total Cure Amount: $[ ] -
Demand
a. Payment or Possession – Tenant must pay the Total Cure Amount and all rent accruing during the Notice Period or vacate and surrender the Premises by 11:59 p.m. on the Possession Date.
b. Vacate – (Month-to-Month) Tenant must vacate and surrender the Premises by 11:59 p.m. on the Possession Date; no cure is available. -
Future Performance
Acceptance of partial payment shall not waive Landlord’s right to proceed unless expressly agreed in writing.
IV. REPRESENTATIONS & WARRANTIES
- Authority. Landlord represents it is entitled to possession of the Premises and to enforce the Lease.
- Compliance. Landlord warrants this Notice complies with Fla. Stat. § 83.56 and has been served in the manner set forth in § X.2 below.
V. COVENANTS & RESTRICTIONS
- Tenant Covenant to Surrender. Tenant shall peaceably surrender the Premises in broom-clean condition, remove all personal property, and return all keys, access cards, and remote controls.
- Waste & Alteration. Tenant shall not commit waste or remove fixtures during the Notice Period.
VI. DEFAULT & REMEDIES
- Events of Default. Failure to comply with this Notice in full by the Possession Date constitutes an event of default.
- Remedies. Upon default, Landlord may immediately:
a. File a complaint for eviction and possession pursuant to Fla. Stat. § 83.59;
b. Recover double rent for holdover where applicable;
c. Seek judgment for unpaid rent, court costs, and reasonable attorney’s fees; and
d. Pursue any other remedy available at law or in equity. - Mitigation. Tenant remains liable for rent until the Lease is lawfully terminated and the Premises re-let, subject to Landlord’s statutory duty to mitigate.
VII. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability caps are intentionally omitted per metadata.]
VIII. DISPUTE RESOLUTION
- Governing Law. This Notice and any ensuing action shall be governed by the laws of the State of Florida.
- Forum Selection. Exclusive jurisdiction and venue lie in the county court (housing division) for [COUNTY], Florida.
- Arbitration. Not available.
- Jury Trial. Nothing herein constitutes a waiver of any constitutional right to jury trial where such right exists.
- Injunctive Relief. Landlord expressly reserves the right to seek immediate writs of possession and other equitable relief.
IX. GENERAL PROVISIONS
- Entire Notice. This document constitutes the entire notice required by Fla. Stat. § 83.56/§ 83.57; no oral statements shall modify its terms.
- Severability. If any provision of this Notice is adjudged invalid, the remaining provisions shall remain in full force.
- Amendments. Any amendment must be in writing and signed by Landlord.
- Delivery of Payments. All payments must be made to [PAYEE NAME] at [ADDRESS FOR PAYMENT] or via [ELECTRONIC METHOD] if previously authorized in writing.
- Reservation of Rights. All rights and remedies of Landlord are cumulative.
X. EXECUTION & CERTIFICATE OF SERVICE
- Landlord Signature
[NAME & TITLE]
Date: ______
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Method of Service
☐ Personal delivery to Tenant
☐ Leaving at the Premises with a person 15 years of age or older
☐ Posting in a conspicuous place on the Premises after two failed attempts at personal service and mailing by first-class mail
☐ Other (specify): __________ -
Service Certification
I certify that on the Notice Date stated above I served a true and correct copy of this Notice upon the Tenant(s) by the method indicated in § X.2.
[NAME], Authorized Agent
Date: ______
STATUTORY REFERENCES
- Fla. Stat. § 83.56(3) – Three-Day Notice for Non-Payment of Rent.
- Fla. Stat. § 83.56(2)(b) – Seven-Day Notice for Curable Non-Compliance.
- Fla. Stat. § 83.57(3) – Fifteen-Day Notice for Month-to-Month Tenancy.
[// GUIDANCE:
1. Double-check all monetary figures and dates before service.
2. Service must strictly follow Fla. Stat. § 83.56(4) to withstand challenge.
3. Retain a signed duplicate original (or photographic evidence of posting) for court filing.
4. If the Lease or local ordinance imposes a longer notice period, modify § III.1 accordingly.]