Overview
Before filing an eviction for unpaid rent in Florida, landlords must first deliver a legally compliant 3-Day Notice under Florida Statute 83.56(3) — a notice that's easy to get technically wrong in ways that can get an eviction case dismissed. The 3-day count excludes weekends and legal holidays, and a 2026 bill that would have extended it to 5 days died in committee, so the 3-day standard remains current. Since July 2025, landlords also have the option to deliver this notice by email if both parties have signed a written agreement to that under Florida Statute 83.505.
How to Write a 3-Day Notice
Start by calculating the total rent owed, including any late fees already accrued under the lease. The notice itself must include:
- The date of the notice
- The address of the rental unit
- The full name of the tenant(s) on the lease
- The amount of rent owed
- The due date for payment
- A statement that the tenant has 3 days to pay rent or vacate the unit
- The signature of the landlord or their representative
Common mistakes to avoid:
- Including late fees or utility charges in the notice amount — only include the rent actually owed.
- Counting the day of delivery as day one. If delivered October 5, the 3-day count starts October 6.
- Counting weekends or legal holidays as part of the 3 days — they're excluded under the statute.
If the tenant receives Section 8 assistance, a copy of the notice must also be mailed to the housing authority. You can handwrite the notice as long as the required information is accurate and complete, though typing it or using a proper template reduces the risk of errors.
Delivering the Notice
Florida law allows delivery by:
- Hand delivery to the tenant directly.
- Posting the notice on the door of the rental unit.
- Mail, though this adds time to the process and is generally best avoided unless certified mail is used, which serves as legal proof of delivery.
- Email, since July 2025, but only if landlord and tenant have both signed a written addendum agreeing to electronic notice under Florida Statute 83.505.
Whichever method you use, document it: get a signed receipt for hand delivery, a dated (ideally time-stamped) photo for posting on the door, or keep proof of certified mailing or email delivery. Keep a copy of the actual notice for your own records regardless of method.
Consequences of an Improper Notice
A judge can dismiss an eviction complaint outright if the 3-Day Notice was improperly written or delivered. Tenants often have access to free legal assistance in Florida, and technical defects in the notice are one of the first things they'll look for. This is only the first step in a longer legal process, so consulting a real estate or landlord-tenant attorney before moving forward is worth doing, especially if the situation seems likely to end up in court.
What to Expect After Delivering the Notice
If the tenant pays the full amount owed within the 3-day window, you're required to accept it. If they offer partial payment, you can choose to accept it, but Florida law requires you to provide a receipt stating the amount received and the agreed balance and due date for the remainder, and you generally need to issue a new notice for the outstanding balance rather than relying on the original one. You can also simply reject a partial payment and proceed with the original notice.
Once the 3-day period has passed without full payment, you're no longer obligated to accept payment and can proceed with the eviction process if you choose.
