Florida Eviction Notice Types: Statutes & Timelines
Florida residential evictions start with a written statutory notice. There are four types under Chapter 83 — and serving the wrong one ends your case before the tenant even responds. Each notice maps to a specific legal ground; the statute determines the period.
Florida has 4 eviction notice types: (1) the 3-Day Notice to Pay or Vacate under § 83.56(3) for non-payment of rent — 3 business days, tenant can cure by paying in full; (2) the 7-Day Notice WITH Cure under § 83.56(2)(b) for fixable lease violations — 7 calendar days to correct; (3) the 7-Day Notice WITHOUT Cure under § 83.56(2)(a) for intentional damage, repeat violations, or criminal activity — 7 days to vacate, no second chance; (4) the 15-Day Notice to Terminate under § 83.57 for ending month-to-month tenancies.
All 4 Florida eviction notices at a glance
Every notice type is anchored to a specific statute. Using a notice that does not match the underlying grounds gives the tenant a procedural defense.
| Notice | Statute | Grounds | Period | Cure? |
|---|---|---|---|---|
| 3-Day Notice to Pay or Vacate | § 83.56(3) | Non-payment of rent | 3 business days | Yes — pay in full |
| 7-Day Notice with Opportunity to Cure | § 83.56(2)(b) | Fixable lease violation | 7 calendar days | Yes — correct the violation |
| 7-Day Notice without Opportunity to Cure | § 83.56(2)(a) | Intentional damage, repeat violation, criminal activity | 7 calendar days (vacate only) | No — notice terminates tenancy |
| 15-Day Notice to Terminate | § 83.57 | End a month-to-month tenancy without cause | 15 calendar days | No — tenancy simply ends |
Source: Fla. Stat. §§ 83.56, 83.57
How to choose the right notice
Walk through these questions in order. Stop at the first match.
Is the tenant behind on rent — even by $1?
3 business days. Weekends and holidays don't count. Tenant cures by paying in full.
No → Go to step 2
Did the tenant violate the lease — and can they fix it (remove a pet, stop smoking, remove an unauthorized occupant)?
7 calendar days. If tenant cures, tenancy continues — but a repeat within 12 months allows a without-cure notice.
No → Go to step 3
Did the tenant intentionally damage the property, commit a repeat violation within 12 months, or engage in criminal activity on the premises?
7 calendar days to vacate. No second chance. Serve this only for the three statutory grounds.
No → Go to step 4
Is this a month-to-month tenancy you want to end without any lease violation?
15 calendar days before the end of the rental period. No grounds required — simply terminating the tenancy.
None of the above → Consult a Florida specialist before serving any notice.
Timing rules for each notice
The notice period does not begin on the day you serve the notice. Day 1 is the day after service. Miscounting by a single day can require you to restart.
3 business days — excludes Saturdays, Sundays, and Florida state and federal holidays. Served Thursday: period expires the following Tuesday (counting Mon–Tue as days 2–3 if Friday is day 1). File the eviction complaint the day after the period expires.
7 calendar days — weekends count. Served Monday: period expires the following Monday. The tenant has until the end of day 7 to cure (with-cure) or vacate (without-cure).
15 calendar days before the end of the rental period. For a month-to-month tenancy that runs the 1st–31st, serving the notice on the 12th gives only 18 days — compliant. Serving on the 20th gives only 11 days — non-compliant, must re-serve.
Notice mistakes courts use to dismiss cases
Using a 3-Day Notice for a lease violation, or a 7-Day Notice for non-payment, gives the tenant a clear procedural defense — courts dismiss without reaching the merits.
Including late fees, prior balances, or NSF charges in the demanded amount unless they are explicitly defined as "additional rent" in the lease voids the notice.
Day 1 is the day after service. Counting the delivery day shortens the statutory period and makes the notice legally defective.
The 3-Day Notice uses business days only. A notice served on a Friday that purports to expire on Monday gives only 1 business day — courts find this defective.
The notice must name the specific clause violated and describe the conduct. "You are in violation of your lease" is insufficient and has been rejected by Florida courts.
Some Florida cities previously required longer notice periods or additional disclosures before an eviction notice could be served. Florida HB 1417 (eff. July 1, 2023, codified at Fla. Stat. § 83.425) preempted all such local ordinances. The four notice types above under Chapter 83 are the only ones that apply statewide — no Miami-Dade, City of Miami, or Miami Beach extension is enforceable.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
Can I serve more than one notice type at the same time?
No. Serving a 3-Day Notice and a 7-Day Notice simultaneously sends contradictory legal signals and creates grounds for dismissal. Identify the single primary ground for eviction — non-payment, lease violation, or tenancy termination — and serve only the notice that matches. If multiple problems exist, lead with the strongest one.
What happens if I serve the wrong notice type?
The eviction case is likely dismissed. Courts consistently reject cases where the notice type does not match the grounds: a 7-Day Notice served for non-payment, or a 3-Day Notice served to terminate a month-to-month tenancy. You must re-serve the correct notice and restart the cure period before refiling.
Can the notice period be shortened in the lease?
No. Florida Statutes Chapter 83 sets minimum notice periods. A lease term purporting to shorten the statutory notice period — for example, requiring only 1-day notice for non-payment — is void and unenforceable. Landlords must provide at least the statutory minimum.
Does Florida require certified mail for eviction notices?
No. Florida Statute § 83.56(4) allows three delivery methods: personal hand delivery to the tenant, leaving with a household member aged 15 or older, or posting conspicuously on the door with a mailed copy. Certified mail is not required, though it provides documentation of delivery.
What if the tenant partially pays rent during the 3-day window?
A partial payment does not cure the 3-Day Notice unless you accept it. If you accept any partial payment, you generally waive your right to proceed on that notice. Best practice: do not accept partial payment once a 3-Day Notice has been served — consult a Florida specialist about your options before cashing any check.
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