Florida 3-Day Notice for Nonpayment of Rent
Florida Statute § 83.56(3) generally requires a residential landlord to give a tenant a written 3-Day Notice demanding payment of rent or possession before terminating the rental agreement for nonpayment of rent.
- The three-day period does not include Saturdays, Sundays, or court-observed legal holidays.
- The notice period is based on delivery of the notice, not simply the date written on the notice.
Built around the requirements of Florida Statute § 83.56.
What is a Florida 3-Day Notice?
A Florida 3-Day Notice is the statutory written demand used when a residential tenant has failed to pay rent when due.
Under Fla. Stat. § 83.56(3), the landlord demands payment of the rent or possession of the premises within the statutory three-day period.
The notice is a pre-suit step. Expiration of the notice does not itself remove the tenant or return possession to the landlord.
If the tenant does not comply, the landlord may then proceed with the applicable court process for possession.
How are the three days calculated?
Do not count:
- The day the notice is delivered
- Saturdays
- Sundays
- Court-observed legal holidays
The exact deadline depends on the delivery date and the applicable court-observed legal holidays.
What amount can the notice demand?
The notice should demand the amount qualifying as “rent” under Florida law and the written rental agreement.
Fla. Stat. § 83.43(12) defines rent to include periodic payments due under the rental agreement and may include other payments designated as rent in a written rental agreement.
Charges such as late fees, utilities, penalties, or other amounts should not automatically be included in the 3-Day Notice merely because the tenant owes them. Whether an additional charge qualifies as rent depends on whether the written rental agreement designates that charge as rent.
What information does the statutory notice contain?
Fla. Stat. § 83.56(3) provides a substantially prescribed statutory form. The statutory form includes:
- Date of notice
- Tenant address
- Amount of rent demanded
- The deadline for payment or possession
- The address where payment may be made
- Landlord's name
- Landlord's address
- Landlord's phone number
The statutory form does not contain a signature line. A signature line included in a LandlordAnswers document is a conservative document-preparation practice, not an express Florida statutory requirement.
Likewise, § 83.56(3) does not expressly require the tenant's full legal name. LandlordAnswers collects tenant names as a conservative document-preparation practice.
How can a Florida 3-Day Notice be delivered?
Under Fla. Stat. § 83.56(4), the written notice may be delivered using the statutory methods, including:
- Mailing
- Delivering a true copy
- Emailing in accordance with Fla. Stat. § 83.505
- If the tenant is absent from the premises, leaving a copy at the residence
Electronic delivery is available only when the requirements of Fla. Stat. § 83.505 have been satisfied, including the applicable written electronic-delivery agreement.
What happens when the three days expire?
Expiration of the notice does not automatically evict the tenant.
If the tenant has not paid the required rent or surrendered possession by the deadline, the landlord may file an action for possession, subject to the applicable Florida court requirements.
Compliance with the statutory notice requirements is an important prerequisite to a Florida residential nonpayment action. A deficiency in the notice can become an issue in a later eviction proceeding, and the consequences of a particular deficiency depend on the circumstances.
Common mistakes to avoid
- Counting Saturdays, Sundays, or court-observed legal holidays as part of the three-day period
- Demanding charges as rent without checking how the written rental agreement defines them
- Using a delivery method that does not comply with Fla. Stat. § 83.56(4)
- Using email without satisfying Fla. Stat. § 83.505
- Miscalculating the payment-or-possession deadline
- Adding unnecessary language to the statutory notice form
LandlordAnswers uses the substantially prescribed statutory form and conservative document-generation rules intended to avoid unnecessary deviations from the statutory language.
Florida legal authority
LandlordAnswers bases this page primarily on Florida's statutes rather than third-party summaries. The links below take you directly to the governing Florida Legislature sources.
- Florida Statutes § 83.56Termination of rental agreement
- Florida Statutes § 83.43(12)Definition of rent
- Florida Statutes § 83.505Electronic delivery of notices
Legal information reviewed: August 2026. Reviewed against current Florida statutes and 2026 legislative changes as of August 2026.
Frequently asked questions
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Based on current Florida statutory requirements.
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