How Much Notice Does a Landlord Have to Give for Unpaid Rent in Florida? (3 Days)

In Florida, a landlord must serve a 3-Day Notice before filing an eviction for unpaid rent. The statute is Fla. Stat. § 83.56(3). In short: 3 days, excluding Saturday, Sunday and legal holidays, from delivery; the statute supplies the form.

What Fla. Stat. § 83.56(3) requires

• Notice period: 3 days.
• How the days are counted: The 3-day period excludes Saturdays, Sundays and legal holidays. The 7-day cure period is counted in calendar days from receipt.
• Watch out: Demand rent only. Late fees or other charges in the demand can defeat the notice unless the lease defines them as rent.
• Watch out: State the county exactly as the form requires; the premises description must include it.
• Statute: Fla. Stat. § 83.56(3).

How the notice can be served in Florida

• Delivered to the tenant: Deliver a true copy of the notice to the tenant.
• Left at the residence (tenant absent): If the tenant is absent from the premises, leave a copy at the residence. Photograph it in place.
• Mailed to the tenant (adds 5 days before the period starts): Mail a true copy to the tenant at the premises. The statute does not fix a mailing allowance, so the LeaseLenses notice generator adds five days before the period starts. Hand delivery avoids the delay.
• E-mail (both parties agreed in writing under § 83.505): Only if the lease or a written addendum authorizes e-mail delivery of notices under § 83.505.

Record the method, the date, and who delivered it. The service date is where the 3-day count begins, and it is the first thing a judge checks.

When the period ends

A notice that miscounts the period, or is filed on before it has run, gets the case dismissed rather than delayed, and the landlord starts over with a fresh notice. Count from the service date under the Florida rule above, add any mailing days for the method used, and file only after the last day has passed.

Frequently Asked Questions

Q: Does the day I serve the notice count as day one in Florida?
A: The 3-day period excludes Saturdays, Sundays and legal holidays. The 7-day cure period is counted in calendar days from receipt. Apply that rule to the service date, then add the mailing allowance if the method calls for one.

Q: Can a Florida landlord serve the notice by mail?
A: Yes. Mailed to the tenant adds 5 days. Keep the receipt.

Q: What if the tenant pays some of the rent during the 3 days?
A: Accepting partial payment can affect the notice; read the cautions above before deciding, and put any agreement in writing. When in doubt, a fresh notice is cheaper than a dismissed case.

Sources Checked

• Fla. Stat. § 83.49 (the Florida statute cited above)
• Fla. Stat. § 83.56(3) (the Florida notice statute)
• LeaseLenses Florida deposit and notice data set, last reviewed 2026-09-19; the same data powers the Florida document tools
• Florida landlord-tenant overview and the Florida deposit rules page

This page is general legal information for Florida, not legal advice. Statutes change; read the current text before relying on a deadline in court.