Florida Statute Guide · § 83.56(2)(b)

Florida 7-Day Notice to Cure: When to Use It

The 7-Day Notice with Opportunity to Cure is Florida's tool for fixable lease violations — unauthorized pets, guests overstaying, noise complaints, minor breaches. Get the violation classification right (curable vs not) and the notice triggers an automatic cure window. Get it wrong and you're forced to start over with the right notice type.

Last verified May 15, 2026

Quick answer

Use a 7-Day Notice WITH Cure when the violation is something the tenant can stop or reverse (pet, guest, unauthorized use). Notice gives 7 full calendar days to cure. If cured: tenancy continues — you cannot use that same violation again for 12 months. If NOT cured: you can file the eviction starting day 8. Never use this notice for intentional destruction, repeat violations, or health/safety issues — those need the WITHOUT-cure notice.

What counts as a "curable" violation

Florida case law defines curable as: the tenant can take an action that returns them to compliance with the lease. The violation must be ongoing — not a past act with permanent consequences.

Unauthorized pet

Tenant brought in a dog/cat against the lease's no-pet clause. Cure = remove the pet within 7 days.

Unauthorized occupant

A romantic partner or friend moved in without being added to the lease. Cure = occupant leaves.

Noise complaints

Repeated loud music or disturbances. Cure = stop the noise pattern.

Smoking in a non-smoking unit

Cigarette or marijuana smoking against lease terms. Cure = stop smoking inside.

Parking violations

Using a space not assigned, blocking another tenant. Cure = move the vehicle.

Unauthorized subletting

Tenant rented out part of the unit on Airbnb without permission. Cure = end the sublet.

Storage of prohibited items

Storing motorcycles, hazardous materials, or items prohibited by lease. Cure = remove items.

Failure to maintain unit

Tenant's obligation under § 83.52 — failure to clean, dispose of garbage. Cure = bring unit to compliant condition.

What the notice must include

Fla. Stat. § 83.56(2)(b) requires specific language. Missing the cure language entirely is the most common drafting error — landlords serve a "termination notice" when they should have served a "cure notice."

Tenant's full legal name
Property address (with unit number)
Specific description of the violation (be specific — "noise complaint Friday May 8 between 11 PM and 2 AM")
Citation to the lease provision violated
Statement that the tenant has 7 days from receipt to cure the violation
Statement that failure to cure terminates the tenancy
Date of the notice
Landlord's signature and name

The 12-month rule (this is the leverage)

Under Fla. Stat. § 83.56(2), if the tenant cures the violation, you cannot use that same violation as grounds for termination for the next 12 months. But:

If the tenant commits the same violation again within 12 months of the original cure notice, you can proceed directly under § 83.56(2)(a) — the WITHOUT cure path — without giving another 7-day cure opportunity.

Practical implication: always serve the first 7-day cure notice in writing and keep proof. The 12-month protection only works if you can prove the original notice was served. Most landlords' second-violation case fails because they can't produce the original cure notice.

How to serve a 7-Day Notice WITHOUT Cure after a repeat violation →

Timeline: notice served → eviction filed

Day 0
Serve the 7-Day Notice with Cure
Hand-deliver, leave with household member 15+, or post on door. Document time and method.
Days 1–7
Cure window
Tenant has 7 full calendar days (including weekends) to take corrective action. You may not interfere with their ability to cure.
Day 7
Cure deadline expires
If cured: tenancy continues, you cannot use this violation for 12 months. If NOT cured: tenancy is terminated.
Day 8
File the eviction
If not cured, file Complaint for Eviction at Miami-Dade Civil Courthouse. $185 filing fee. Attach the original notice as exhibit.
Day 8+
Standard eviction timeline runs from filing
Service, tenant's 5-day response, default or hearing, writ of possession. Total typical timeline from notice expiration to lockout: 3–4 weeks.

No local extensions to the 7-day period

Some Miami-Dade and Broward cities previously required 14-day or 30-day cure windows. Florida HB 1417 (eff. July 1, 2023) preempted these. The statewide 7-day period under § 83.56(2)(b) applies uniformly.

Related guides

7-Day Notice WITHOUT Cure

For non-curable violations — intentional destruction, repeat violations, criminal activity.

Florida lease violation eviction (overview)

When to use cure vs without-cure — the full decision tree.

Florida 3-Day Notice rules

For non-payment of rent — different notice, different rules.

Florida eviction cost calculator

See your line-item total based on case complexity.

Authoritative Florida resources

Primary sources for statutory text, court procedures, and licensed legal help.

FAQ

When do I use a 7-Day Notice WITH Cure vs WITHOUT Cure in Florida?

WITH cure (Fla. Stat. § 83.56(2)(b)) is for curable violations — things the tenant can stop or fix, like an unauthorized pet, a guest staying too long, or minor lease breaches. WITHOUT cure (§ 83.56(2)(a)) is for non-curable violations — intentional destruction, repeat violations after a prior cure notice, or activity that materially affects health/safety. The wrong choice gets the case dismissed.

Does the tenant have to confirm they cured the violation in writing?

No. The cure is satisfied by the tenant taking the action the notice required — removing the unauthorized pet, ending the unauthorized sublet, etc. Documentation helps if it goes to court, but the cure itself is the action, not a written acknowledgment.

Can I serve a 7-Day Notice to Cure on the same violation twice?

No — and this is critical. Once you serve a notice and the tenant cures, the same violation cannot be used to terminate within the next 12 months. If they commit the SAME violation again in that window, you can proceed directly under § 83.56(2)(a) (without cure) without giving another opportunity. Track every notice you serve.

How do I serve a 7-Day Notice in Florida?

Same as a 3-Day Notice — Fla. Stat. § 83.56(4) allows: (1) hand-delivery to the tenant, (2) leaving with a household member age 15+, or (3) posting conspicuously on the door. Mail alone is not sufficient. Document the time and method.

Does the 7 days include weekends?

Yes. Unlike the 3-Day Notice which excludes weekends, the 7-Day Notice counts ALL calendar days including weekends and holidays. A notice served on a Wednesday gives the tenant until the following Wednesday to cure.

Generate a compliant 7-Day Notice in 90 seconds

Strips the wrong cure-vs-no-cure language automatically based on your violation type and outputs a Florida-compliant PDF.

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