Florida Eviction Notice for Nonpayment of Rent: The 3-Day Notice and How to Count It
In Florida a landlord can file for possession for unpaid rent only after a written 3-day notice that does not count weekends and court holidays. Here is what the notice must say, how it is delivered and what partial payments do.
What is the Florida notice for unpaid rent?
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday and legal holidays, after delivery of a written demand for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for this purpose are court-observed holidays only (Fla. Stat. 83.56(3)). The Florida eviction notice calculator counts the days.
What must the notice say?
It must contain a statement in substantially the statutory form: that the tenant is indebted to the landlord in a stated sum for the rent and use of the premises at the stated address and county, and that the landlord demands payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday and legal holidays) from the date of delivery, on or before a stated date, with the landlord’s name, address and phone number (83.56(3)). A notice that cannot be understood as demanding either payment or possession, or that is miscounted, can be attacked as defective.
How are the 3 days counted?
The delivery day is not counted, and each of the next three days that is not a Saturday, Sunday or court-observed legal holiday counts. A notice delivered on a Wednesday has its three days on Thursday, Friday and Monday, so the landlord can file on Tuesday. The statute’s legal holidays are court-observed ones, which include the days in section 110.117 and the Friday after Thanksgiving, and a local court order may add more (Fla. Stat. 110.117).
How can the notice be delivered?
By mailing, delivering a true copy, e-mailing in accordance with section 83.505, or, if the tenant is absent from the premises, by leaving a copy at the residence. The notice requirements cannot be waived in the rental agreement (83.56(4)). E-mail delivery needs a written agreement and the statutory addendum (83.505).
What if the landlord accepts part of the rent?
A landlord does not waive its right to terminate by accepting partial rent. If it accepts partial rent after posting the notice, it must give the tenant a receipt with the date, amount and the agreed date and balance due before filing; or put the partial rent in the court registry when it files; or post a new 3-day notice for the new amount (83.56(5)(a)). Accepting full rent with knowledge of the noncompliance waives the right for that noncompliance.
What happens after the 3 days?
The landlord may file an action for possession. The tenant who raises any defense other than payment must pay the accrued rent into the court registry within 5 business days of service: see the Florida eviction court process and the eviction timeline calculator. A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)).
A worked example of the 3 days
A notice delivered on Wednesday, October 14, 2026 gives three business days: Thursday, Friday and Monday, October 19. The landlord can file on Tuesday, October 20. If a legal holiday falls in the period, the count skips it. The eviction notice calculator does the count for your dates.
Keep proof of payment
If you pay within the three days, pay in a way that leaves a record and keep it.
Frequently asked questions
How long is an eviction notice for nonpayment in Florida?
Three days, not counting Saturdays, Sundays and court-observed legal holidays.
Does the notice have to be in a certain form?
It must contain a statement in substantially the statutory form, with the amount owed and the landlord’s contact details.
Can the landlord e-mail the notice?
Yes, in accordance with section 83.505, which requires a written agreement.
Can I pay the rent and stay?
Paying within the 3 days satisfies the notice.
What if the landlord accepts part of the rent?
It must give a receipt, deposit the amount in the court registry when filing, or post a new notice.
Official sources
- Fla. Stat. 83.56: termination of rental agreement
- Fla. Stat. 83.505: notice by e-mail
- Fla. Stat. 110.117: paid holidays
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.