THREE-DAY NOTICE TO PAY RENT OR VACATE
(Florida)
[// GUIDANCE: This notice is governed by the Florida Residential Landlord and Tenant Act, Florida Statutes §§ 83.40 et seq. Florida law requires a minimum of THREE (3) days' notice (excluding Saturdays, Sundays, and legal holidays) to pay rent or vacate for nonpayment of rent pursuant to Fla. Stat. § 83.56(3). This notice must be served in accordance with Fla. Stat. § 83.56(4). IMPORTANT: Florida courts strictly construe three-day notices. The amount demanded must be accurate and include only rent. Verify current statutory requirements before use.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], Florida [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
THREE-DAY NOTICE
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
You are hereby notified that you are indebted to the undersigned Landlord in the sum of:
$[TOTAL RENT DUE]
for rent and use and occupancy of the above-described premises, and you are hereby demanded to pay said rent within THREE (3) DAYS (excluding Saturdays, Sundays, and legal holidays) from the date of delivery of this notice, or to vacate and surrender possession of said premises.
RENT DUE BREAKDOWN
| Rental Period | Amount Due |
|---|---|
| [MONTH/YEAR] | $[AMOUNT] |
| [MONTH/YEAR] | $[AMOUNT] |
| TOTAL RENT DUE | $[TOTAL] |
[// GUIDANCE: Under Florida law, the three-day notice should demand RENT ONLY. Do NOT include late fees, utilities, attorney's fees, or other charges in the amount demanded on this notice, as doing so may invalidate the notice. Late fees and other charges may be recovered separately.]
DEMAND
You are hereby demanded within THREE (3) DAYS (excluding Saturdays, Sundays, and legal holidays) from the date of delivery of this notice to either:
-
PAY IN FULL the total rent due of $[TOTAL]; OR
-
VACATE AND SURRENDER the above-described premises.
THE THREE-DAY PERIOD BEGINS THE DAY AFTER DELIVERY OF THIS NOTICE.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to pay the rent demanded or vacate the premises within the three (3) day period, your Landlord will institute legal proceedings against you to recover possession of the premises, to declare the lease forfeited, and to recover rents, court costs, and reasonable attorney's fees as permitted by the lease agreement and Florida Statutes § 83.48.
PAYMENT INSTRUCTIONS
Payment of the above sum, in full only, will be accepted at:
Name: [LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
Address:
[STREET ADDRESS]
[CITY], Florida [ZIP CODE]
Phone: [PHONE NUMBER]
Acceptable Payment Methods: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER]
[// GUIDANCE: If payment can be made online or by electronic means, include that information here. Be specific about where and how payment can be made.]
IMPORTANT LEGAL NOTICES
-
Right to Pay and Remain: If you pay the full amount of rent due within the three-day notice period (excluding Saturdays, Sundays, and legal holidays), this notice becomes void and your tenancy continues.
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Partial Payment Warning: Acceptance of partial payment after delivery of this notice does not waive the landlord's right to proceed with eviction unless the landlord agrees in writing to accept partial payment.
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Florida Landlord Tenant Law: Your tenancy is governed by Part II of Chapter 83, Florida Statutes (Residential Tenancies).
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Warranty of Habitability: Under Fla. Stat. § 83.51, landlords must maintain rental premises. If there are conditions materially affecting health or safety, you may have defenses. Consult an attorney.
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Prohibited Retaliation: Florida Statute § 83.64 prohibits landlords from retaliating against tenants who exercise their legal rights.
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Security Deposit: Your security deposit will be handled in accordance with Fla. Stat. § 83.49.
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Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) and Florida Statutes § 83.682. Consult with a JAG officer or legal assistance attorney.
-
Legal Assistance: For legal help, contact:
- Florida Bar Lawyer Referral Service: 1-800-342-8011
- Florida Rural Legal Services: (863) 688-7376
- Legal Aid Society (check your county)
- Florida Courts Self-Help: www.flcourts.org
RESERVATION OF RIGHTS
This notice is made without waiving any rights of the undersigned Landlord, including the right to recover any rent, damages, or other sums that may become due after the date of this notice. The Landlord expressly reserves all rights and remedies under the lease agreement and Florida law.
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Three-Day Notice was delivered to the above-named Tenant(s) on [DATE OF SERVICE] by the following method:
☐ Personal delivery to the Tenant
☐ Leaving at the residence with a person of the household at least 15 years of age and informing such person of the contents
☐ Posting on the premises (if the tenant is absent from the premises) by affixing a copy to a conspicuous place on the property
☐ Mailing by regular, certified, or registered mail to the tenant at the premises address
[// GUIDANCE: Florida Statute § 83.56(4) provides specific methods of service. Personal delivery is preferred. If the tenant is absent, the notice may be left with a person at least 15 years old residing at the property, posted on the property, or mailed. When posting or mailing, the notice period is extended. Maintain proof of service.]
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name (Print): [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], Florida [ZIP CODE]
Telephone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
PROOF OF SERVICE
Person who served notice: [PRINT NAME]
Signature: ____________________________________
Date of Service: [DATE]
Time of Service: [TIME]
Method of Service Used: [DESCRIBE IN DETAIL]
If Posted:
Location where posted: ________________________________
Date and time posted: ________________________________
If Mailed:
Date mailed: ________________________________
Type of mail: ☐ Regular ☐ Certified ☐ Registered
Tracking number (if applicable): ________________________________
This notice is intended to comply with the requirements of Florida Statutes §§ 83.56(3) and 83.56(4). Florida law strictly construes three-day notices, and technical defects may be grounds to defeat an eviction action. This template does not constitute legal advice. Consult a licensed Florida attorney for guidance specific to your situation.