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Florida landlord procedure reference

Florida 3-Day Notice Procedure Guide

A step-by-step reference for the decisions a Florida landlord should check before preparing a nonpayment notice, when delivering it, while the deadline runs, and before deciding what to do after it expires.

Legal information reviewed: August 2026.

Looking for the notice itself?

The Florida 3-Day Notice page is the main resource for what the statutory notice is and for creating a notice. This page has a different job: it is the procedure and pre-action checklist surrounding that notice.

1. Confirm this is a nonpayment-of-rent problem

Florida Statute §83.56(3) addresses a residential tenant's failure to pay rent when due. It is not the general notice procedure for every lease violation.

Before preparing a 3-Day Notice, separate unpaid rent from other disputes such as unauthorized occupants, property damage, prohibited conduct, or another lease violation that may require a different notice.

Start with the Florida unpaid-rent process if you are still deciding what step applies.

2. Determine the rent amount to demand

The demand should be based on rent that is actually due. Florida's definition of rent can include periodic payments and other payments designated as rent in a written rental agreement.

Do not automatically add a late fee, utility charge, penalty, repair charge, or other debt merely because the tenant owes it. Whether an additional charge belongs in the rent demand depends on the written rental agreement and Florida's definition of rent.

Review what counts as rent before setting the notice amount.

3. Verify the premises and county

Section 83.56(3) provides a statutory form that identifies the leased premises, including the county. The property county also matters to LandlordAnswers because the deadline system checks the court calendar applicable to that location.

Before continuing, verify the street address, unit information, city, ZIP code, and Florida county. LandlordAnswers requires the landlord to confirm the selected county before notice generation.

4. Prepare the statutory demand

Florida Statute §83.56(3) provides a form the notice must substantially follow. The demand identifies the rent owed and leased premises and demands payment of rent or possession within the statutory period.

The main Florida 3-Day Notice resource explains the statutory notice itself and provides access to the generator.

Before delivery, check the tenant names, rent amount, premises, county, landlord contact information, and deadline information for accuracy.

5. Choose and document the delivery method

Florida Statute §83.56(4) addresses delivery of notices under §83.56. The delivery method matters because the statutory period runs after delivery.

Email should not be treated as a generic substitute for physical delivery. Electronic delivery under §83.505 depends on the statutory electronic-notice requirements, including the parties' qualifying agreement and designated email addresses.

LandlordAnswers therefore requires an additional §83.505 confirmation and the tenant's designated notice email when email is selected.

Review the Florida delivery-method guide before serving the notice.

6. Calculate the deadline using the property county

The delivery day is not one of the three qualifying days. Saturdays, Sundays, and applicable court-observed legal holidays are excluded.

LandlordAnswers uses the confirmed property county to resolve the applicable judicial circuit and verified statewide, circuit, and county court-calendar data before calculating the deadline. The system is designed to fail closed when verified calendar coverage required for the calculation is unavailable.

See how the county-aware Florida deadline calculation works.

7. Preserve the notice and delivery record

Keep the final notice and a record showing how and when it was delivered. The delivery date is part of the deadline calculation, so it should match the facts used to calculate the notice.

For electronic notice under §83.505, preserve the notice and evidence of transmission as required by the electronic-notice statute.

8. During the notice period, record what happens

Do not treat the notice as a static document once it has been delivered. Payment, partial payment, surrender of possession, or another material event can affect what happens next.

If the landlord accepts partial rent after a nonpayment notice, §83.56(5) contains specific rules that should be reviewed before proceeding.

9. Before filing anything, audit the notice

Expiration of the deadline is not the same thing as proving that the notice was accurate. Before relying on it for the next step, check the amount, premises, county, deadline, delivery method, delivery record, and any payment received after delivery.

Use the defective-notice guide and NoticeCheck before relying on a notice with a possible error.

10. Decide what happens after expiration

If the tenant pays the amount properly demanded, surrenders possession, or another event changes the situation, the next step depends on those facts.

If the statutory demand is not satisfied after the notice period has fully expired, the landlord may be able to proceed with an action for possession. The notice does not itself remove the tenant; eviction is a separate court process.

Review what happens after a Florida 3-Day Notice expires.

Pre-delivery checklist

  • The problem is nonpayment of rent.
  • The amount demanded has been checked against the rental agreement.
  • The premises address and county are correct.
  • The statutory demand information has been reviewed.
  • The delivery method is permitted for the facts of this tenancy.
  • If using email, the §83.505 requirements have been confirmed.
  • The deadline uses the correct delivery date and property county.
  • A copy of the notice and delivery evidence will be retained.

Ready to prepare the notice?

Return to the main Florida 3-Day Notice resource to review the notice requirements and start the generator. The generator applies the county-aware deadline system and the delivery safeguards described in this procedure guide.

Go to the Florida 3-Day Notice

Detailed Florida resources

This page provides general educational information about Florida residential landlord-tenant procedure. It is not legal advice and does not replace advice from a Florida attorney about a specific tenancy or court proceeding.