Florida Statewide Rule
Florida Eviction Notice Requirements
Key Facts
- Nonpayment notice
- 3 days, excluding weekends and legal holidays (§ 83.56(3))
- Curable lease violation
- 7-day notice to cure (§ 83.56(2))
- Repeat/non-curable violation
- 7-day unconditional notice to vacate
- Court process
- Summary procedure; tenant must deposit rent into registry
Summary
Fla. Stat. § 83.56 requires a 3-day notice to pay rent or vacate for nonpayment, excluding Saturdays, Sundays, and legal holidays from the count. For lease violations, the landlord serves a 7-day notice to cure (or a 7-day unconditional notice for repeat or non-curable violations). Only a court may order eviction through Florida's summary procedure.
F.S. 83.56 83.56 Termination of rental agreement. — (1) If the landlord materially fails to comply with s. 83.51 (1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51 (1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows: (a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. (b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance. (2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:
Full Breakdown
Under § 83.56(3), for unpaid rent the landlord must serve written demand giving the tenant 3 days 'excluding Saturday, Sunday, and legal holidays' to pay or deliver possession, stating the amount owed and the deadline. For curable lease noncompliance, § 83.56(2) requires a 7-day notice to cure; for non-curable or repeat violations within 12 months, a 7-day unconditional notice to vacate applies. A landlord cannot self-evict. If the tenant does not comply, the landlord files an eviction action under the summary-procedure statute (Ch. 51), which moves fast: the tenant generally has 5 days to respond and must deposit disputed rent into the court registry, after which the court can enter judgment and issue a writ of possession.
Violations & Penalties
No specific statutory penalty. A defective notice (wrong amount, miscounted days, or no court action) can have an eviction dismissed; a landlord who removes a tenant without a court order may face liability for damages under § 83.67 for prohibited self-help eviction.
Frequently Asked Questions
How many days is a Florida eviction notice for unpaid rent?
What notice is required for a lease violation other than rent?
Can a Florida landlord evict without going to court?
Sources
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