When rent is not paid, Florida law requires landlords to follow a specific legal process before an eviction can proceed.
This article explains, in general terms, what a Florida 3-day notice is, when it is used, and what typically happens after the notice period ends. The information is provided for educational purposes only and does not constitute legal advice.
In Florida, eviction for nonpayment of rent cannot begin immediately after rent is missed. State law requires landlords to follow a specific notice procedure before filing an eviction case in court. The first step in this process is typically a 3-Day Notice to Pay Rent or Vacate.
What Is a 3-Day Notice to Pay Rent or Vacate in Florida?
A 3-day notice to pay rent or vacate is a written notice from the landlord informing the tenant that rent is overdue. The notice gives the tenant a limited period of time to either pay the full amount owed or move out of the rental property.
This notice is required before a landlord can file an eviction lawsuit based on nonpayment of rent. Without proper notice, an eviction case may be delayed or dismissed by the court.
When Is a 3-Day Notice Used?
A 3-day notice is generally used when rent has not been paid by the due date stated in the lease agreement. It applies specifically to nonpayment of rent, not to other lease violations.
If rent is late but the landlord accepts partial payment or does not issue a notice, the eviction process typically cannot proceed until proper notice is given.
How the Three-Day Period Is Counted
Weekends and Legal Holidays
In most cases, the three-day period does not include weekends or legal holidays. The counting of days usually begins on the day after the notice is delivered.
Because of these exclusions, the actual calendar time may be longer than three days. The exact calculation can depend on how the notice is served and local court practices.
What the Notice Must Include
A valid 3-day notice generally includes:
the amount of rent owed
a demand for full payment
a statement that the tenant must either pay or vacate
the deadline by which action must be taken
The notice must clearly communicate the landlord’s intent and give the tenant an opportunity to resolve the issue before further legal action is taken.
What Happens If the Tenant Pays the Rent?
If the tenant pays the full amount owed within the notice period, the eviction process typically stops. The landlord generally may not proceed with an eviction based on that nonpayment once payment is accepted.
Partial payment may affect the landlord’s ability to continue the eviction process, depending on the circumstances.
What Happens If the Tenant Does Not Pay or Move Out?
If the tenant does not pay the rent or vacate the property by the end of the notice period, the landlord may proceed to the next step by filing an eviction lawsuit with the county court.
This lawsuit formally begins the court process and may eventually lead to a judgment for possession if the court rules in the landlord’s favor.
For an overview of the full eviction process, see:
Florida Eviction Timeline for Nonpayment of Rent
Important Things to Know About 3-Day Notices
Florida law generally does not allow landlords to remove tenants, change locks, or shut off utilities without a court order. The 3-day notice is only a required step in the legal process and does not by itself authorize removal.
Because eviction laws and procedures can change, tenants and landlords should be aware that timelines and requirements may vary depending on the situation.
Final Notes
This article provides a general explanation of how 3-day notices for nonpayment of rent typically work in Florida. It is intended for informational purposes only and does not constitute legal advice.
For guidance regarding a specific situation, consulting a qualified legal professional is recommended.
