Florida Eviction Notice, the 3-Day and 7-Day Rules at Fla. Stat. 83.56
Florida landlords must serve a written notice before filing for eviction in county court. Fla. Stat. Section 83.56 sets out three notice types depending on the reason. Most Florida evictions use either the 3-day pay-or-quit notice or a 7-day cure/unconditional notice. This post explains which applies, the service method, and the most common mistakes.
Three notice types under 83.56
Fla. Stat. 83.56 divides notices by reason:
- 3-day notice (pay or quit) under 83.56(3), for nonpayment of rent.
- 7-day notice (cure) under 83.56(2)(b), for non-monetary lease violations that the tenant can fix.
- 7-day notice (unconditional) under 83.56(2)(a), for serious violations that cannot be cured (major damage, criminal activity).
Each has different wording and different legal effect.
3-day pay or quit notice
Used for nonpayment of rent. The tenant has 3 business days (excluding weekends and legal holidays) to either:
- Pay the full amount claimed, or
- Vacate the premises.
The notice must include:
- The amount of rent due.
- The deadline (3 business days from service).
- A statement that failure to pay or vacate will result in eviction.
- The landlord name and signature.
- The property address.
7-day cure notice
Used when the tenant has violated a non-monetary lease term but the violation is curable. Examples:
- Unauthorized occupants.
- Pets in a no-pet unit.
- Parking violations.
- Minor lease breaches.
The tenant has 7 calendar days to cure. If cured, the tenancy continues. If not cured within 7 days, the landlord can file for eviction.
7-day unconditional quit notice
Used for serious violations that are not curable:
- Major property damage.
- Criminal activity.
- Creating a nuisance.
- Repeat violations after a cure notice within the prior 12 months.
The tenant has 7 days to vacate. No cure option.
How to serve the notice
Fla. Stat. 83.56(4) allows three service methods:
- Mail to the tenant's last known address.
- Personal delivery to the tenant.
- Posted on the door if the tenant is not available and no one is at the residence.
Best practice is to both mail AND post, so the service is documented twice.
Mistakes that void the notice
One, miscounting the 3-day period. It excludes weekends and holidays. A notice served Thursday gives the tenant until end of Tuesday (Thursday + Fri + Mon + Tue).
Two, using the wrong notice type. A 3-day notice served for a lease violation (not rent) is void.
Three, omitting the property address or the amount. The notice is defective and will be dismissed at the eviction hearing.
Where to get a compliant notice
LeaseKit's Florida notice to quit template supports all three notice types (3-day pay-or-quit, 7-day cure, 7-day unconditional) with the correct statutory language and deadline calculated for business days. $29 one-time.
This post is informational. Florida eviction law depends heavily on the specific facts. For contested cases, consult a Florida-licensed attorney.