How to Serve an Eviction Notice in Florida
Florida Statute § 83.56(4) permits three delivery methods for eviction notices. Choosing the wrong method — or failing to document the right one — gives the tenant a procedural defense that can reset your entire timeline. Here is how each method works, what courts verify, and how to create proof of service that survives a motion to dismiss.
Under Fla. Stat. § 83.56(4), a Florida eviction notice may be served by: (1) hand delivery directly to the tenant; (2) leaving with a household member aged 15 or older if the tenant is absent; or (3) posting conspicuously on the door and mailing by first-class mail if no one is present. Email, text, and certified-mail-only are not valid. The cure period starts the day after service — not the day of delivery.
The 3 legally recognized service methods
Hand delivery to the tenant (personal service)
Go to the rental property and hand the notice directly to the tenant. This is the most reliable method because the tenant cannot later claim non-receipt. The tenant does not need to sign for it — even a refused acceptance is valid delivery once you have made a good-faith attempt to hand it over.
- • Date and time of delivery
- • Name of the person who accepted (if they gave it)
- • Signature of landlord or agent who served the notice
- • Bring a witness if the tenant is confrontational
Day 1 begins the day after delivery. Hand delivery on Monday → Day 1 is Tuesday. For the 3-Day Notice, only business days count. For 7-Day and 15-Day, calendar days count.
Leave with a household member aged 15 or older
If the tenant is not home but another person who lives there — a spouse, adult child, or roommate aged 15 or older — is present, you may leave the notice with them. The person does not need to be named on the lease; they only need to reside at the property and be at least 15 years old.
- • Date and time
- • Name of the person who received the notice
- • Their relationship to the tenant (if known)
- • Approximate age or confirmation they are 15+
If the resident refuses to take the notice, document the refusal and the date. Proceed to Method 3 (post and mail).
Post conspicuously on the door and mail a copy
If no one is present at the property, attach the notice to the main entrance door in a conspicuous location — at eye level on the front door, not behind a screen or on the mailbox — and on the same day, mail a copy to the tenant by first-class U.S. Mail addressed to the rental property.
- • Photograph the posted notice on the door
- • Note the date and time of posting
- • Keep the USPS mailing receipt
- • Note the date mailed in your service log
Post and mail must happen on the same day. The conservative approach: treat Day 1 as the day after posting (not the day after the letter may arrive). Some courts add 5 mailing days; use the posting date as the service date.
What courts look for in the proof of service
When you file your eviction complaint, you attach the original notice and a certificate of service as exhibits. Courts check these documents for:
| What courts check | Why it matters |
|---|---|
| The service date and method | The cure period must run fully from the day after service. |
| The address served matches the lease property | Serving at the wrong address is no service at all. |
| The identity of the server | Must be the landlord or an authorized agent — not a stranger. |
| That posting + mailing happened on the same day | Courts have rejected cases where posting and mailing were done on different days. |
| "Conspicuous" for posted notices | A notice slipped under the door or placed in a mailbox is not "posted conspicuously." |
Service mistakes that void the notice
Not a valid service method under § 83.56(4). Courts treat electronic delivery as no delivery at all.
Not "posted conspicuously." Courts have held this method does not satisfy the statute.
Also not conspicuous posting. The notice must be attached to the door itself.
When no one is present, statute requires both: posting on the door AND mailing. Mailing alone is insufficient.
The period starts the day after service. Starting on the service day shortens the statutory window and defects the notice.
The resident receiving the notice must be at least 15. Leaving with a 12-year-old child is not valid service.
Florida HB 1417 (eff. July 1, 2023, codified at Fla. Stat. § 83.425) preempted all local landlord-tenant ordinances, including any city or county requirements for additional notice delivery methods or certified mail. The three methods above under § 83.56(4) are the only ones that govern statewide.
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 email or text a Florida eviction notice?
No. Florida Statute § 83.56(4) requires physical delivery — by hand, by leaving with a household member, or by posting and mailing. Email and text messages are not recognized as valid service methods and will not start the statutory cure period. Courts routinely dismiss cases where the only "service" was electronic.
Does the tenant have to sign for or accept the notice?
No. A tenant cannot defeat service by refusing to open the door or refusing to accept the notice. If you attempt hand delivery and the tenant refuses, proceed to the posting-and-mailing method. Document the refused delivery attempt in writing with the date and time.
Does Florida require certified mail for eviction notices?
No. Certified mail is not required by Chapter 83 for eviction notices. First-class mail is sufficient when combined with door posting for the alternative service method. Using certified mail is optional — it provides a delivery receipt but is not legally required.
When does the cure period start — the day I serve the notice or the day after?
The day after service. If you post the notice on a Monday, Day 1 of the cure period is Tuesday. This applies to all four Florida notice types. Miscounting by starting on the day of service shortens the statutory period, making the notice defective.
Can I serve the notice myself, or do I need a process server?
You can serve the notice yourself. Eviction notices under Chapter 83 are not formal legal process — they do not require a licensed process server. However, bringing a witness to the delivery or photographing a posted notice is recommended to create independent proof.
What if the tenant is never home and I cannot find them?
Use the post-and-mail method. Post the notice conspicuously on the main entrance door and mail a copy by first-class mail to the property address. Document the date you posted and the date you mailed. Courts accept this method when the tenant is consistently absent or avoiding service.
Generate a court-ready notice — then serve it
We produce the notice with the correct statutory language; you deliver it using one of the three methods above. A Florida specialist is available for the filing step.
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