Florida Eviction Notice

​​​If you are a landlord and the reason you want to file an eviction case in court is because the tenant has failed to pay rent according to rental agreement, then you must first deliver to the tenant a ​3 Day Notice to Pay or Vacate, before a case can be filed in court.   Florida eviction lawyer Christophe Fiori represents landlords throughout Florida in residential and commercial eviction actions to get possession of property or for damages from non-compliant or non-paying tenants. Florida Eviction Law F.S. 83.20(2) 

Generally, rent is due on the first day of each month. Landlords and tenants may agree to different terms, preferably in a written lease agreement (but sometimes an oral agreement), making the rent due on a different day of the month.   Often times, written rental agreements offer a 'grace period' after the due date before penalties or late fees might be incurred, but the rent due on the due date.

If the tenant pays the full rent amount due before the expiration of three business days following the posting of a 3 Day Notice, then the landlord must accept the late rent payment, and the landlord cannot evict the tenant.

If the tenant fails to pay the full amount of rent owed and 3 full business days have passed then Florida landlord can terminate the rental agreement and evict the tenant from the property by filing a case in court.  Florida eviction laws 83.56 provide some guidance on what a proper notice looks like.

view also Notice Requirements

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If you are the landlord, you may terminate a Month-to-Month tenancy by providing the tenant with a 15 Day Notice of Termination of Month-to-Month tenancy.

If no written lease agreement exists, then Florida eviction law provides that an oral agreement for lease of lands or tenements shall be deemed a 'tenancy at will', and a tenancy at will may be terminated by either the landlord or tenant providing notice of termination of tenancy. 

If the rent is due and payable monthly on the same date, and no written lease agreement exists, then the landlord may terminate a Month-to-Month tenancy by providing the tenant with a 15 Day Notice of Termination of Month-to-Month tenancy.

15 Day Notice to Terminate must provide the tenant with at least 15 days notice prior to the end of the Month-to-Month tenancy, which generally is the 30th or 31st of the month.  

Generally, rent is due on the first day of each month. Landlords and tenants may agree to different terms, preferably in a written lease agreement (but sometimes an oral agreement), making the rent due on a different day of the month.   Often times, written rental agreements offer a 'grace period' after the due date before penalties or late fees might be incurred, but the rent due on the due date.

If the tenant remains on the property after the expiration of the 15 Day Notice of Termination of Month-to-Month Tenancy, the landlord may file an eviction case in court for possession of their property.

In some cases, when a tenant refuses to give up possession of the property at the end of the lease, the landlord may demand double the monthly rent for each month from the tenant. Call (888) 384-2872 to speak with an experienced eviction lawyer for a free consultation.

 After the tenant has vacated at the end of a lease rental term, or after execution of the writ of possession, if the landlord does not intend to impose a claim on the security deposit, the landlord has 15 days to return the security deposit, together with interest if otherwise required, to the Tenant. 

If the landlord intends to make a claim against the tenant's deposit, then the landlord has 30 days, from the date the tenant vacated the property, to give the tenant written notice by certified mail of the intent to impose a claim and the reasons for imposing a claim.

The notice of intent to claim against deposit should be mailed to the tenant's last known mailing address.

If the landlord fails to give the tenant required notice of intent to claim against deposit within 30 days after the tenant has vacated the property, landlord forfeits the right to impose a claim upon the security deposit and may not seek a set-off against the deposit but may file a separate action for damages after return of the deposit. 

The tenant must object to the imposition of a claim on deposit or to the amount of the claim within 15 days after the tenant receives the landlord's notice.  If no objection is received by the landlord from the tenant, then the landlord may deduct the amount of the claim from the deposit, and the landlord shall remit the balance (if any) of the deposit to the tenant within 30 days after the date of the notice of intent to impose a claim on deposit.  Even if the tenant fails to timely object (within 15 days), the tenant could seek a return of the deposit and damages in a separate case in court. 

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 It is not necessary that a Notice to the Tenant be delivered by a sheriff or Florida certified process server.  The owner of the property, the landlord or an agent of the landlord may personally give the notice to the tenant at the rental property.
How to Deliver a 3 Day Notice to Pay or Vacate:

1. in person by hand delivery to the tenant.
2. posted on the property in a conspicuous place (such as the front door)
3. delivered via US Mail, registered or certified mail.

*The information on this website is not legal advise, nor a substitute for legal advice.  Speak with an experienced Florida eviction lawyer to discuss your specific facts, and to review Florida Eviction Law. 

A full and complete address is necessary, including where necessary: county, unit number, left or right side, upstairs or downstairs, street, road, drive, etc.  IMPORTANT: the property address on the notice to tenant and on the lease must match completely.

Dating a notice properly is very important.  This means that you should pay close attention to the 'expiration date' of the notice, or the date by which the tenant must act, generally 3 business days.  When counting 3 business days:

• do not count the day the notice is posted or delivered.
• do not count Saturdays, Sundays, legal holidays.

Also, be sure to complete the Certificate of Service completely, including a signature and date.

Only the past due undisputed amount of rent should be on the 3 day notice to pay or vacate and the rent amount should match the exact amount of rent per the written or oral agreement.

All adult occupants should be listed on the notice to tenant, that means those who are on the current lease but may have moved out and those who are not on the lease but who have established a tenancy on the property.  The correct spelling and full names of each tenant is very important.