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Miami · 3-Day Notice

The 3-day notice in Miami: how to serve it correctly the first time.

A 3-day notice is the required first step before filing an eviction in Miami-Dade County. But it's also the step where most self-represented landlords make errors that force them to start over — weeks later. Here's what Florida Statute § 83.56(3) actually requires.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

The legal requirement

Under Florida Statute § 83.56(3), if a tenant fails to pay rent when due, the landlord must deliver a written demand giving the tenant 3 days — excluding Saturday, Sunday, and legal holidays — to pay the full amount owed or surrender possession. Only after this 3-day period expires without payment can the landlord file an eviction complaint with the Miami-Dade Clerk of Courts.

What must be in the notice — exactly

Florida courts have dismissed eviction cases for missing a single required element from the 3-day notice. The notice must include all of the following:

  • The exact dollar amount owed (rent only — no late fees, no attorney fees, no utility charges unless specified in the lease as additional rent)
  • The full address of the leased premises, including the county (Miami-Dade)
  • The landlord's name and physical address where rent can be paid
  • The landlord's telephone number
  • The specific deadline date (calculated by excluding weekends and court-observed holidays)
  • Language that the tenant must pay in full or surrender possession

!The amount must be exact — not approximate

Florida courts have repeatedly dismissed evictions where the notice demanded more than the actual rent owed — including improperly adding late fees, utility charges, or other amounts not specifically defined as 'rent' in the lease. If you overstate the amount, even by a small figure, the notice is defective and the case will be dismissed. You must serve a corrected notice and restart the 3-day clock.

  • Do not include late fees unless your lease specifically defines them as additional rent
  • Do not include attorney fees or court costs
  • Do not round up or estimate — use the exact monthly rent amount

How to count the 3 days correctly

This is where most landlords make mistakes. The 3-day count excludes Saturday, Sunday, and legal holidays — but 'legal holidays' in Florida means holidays observed by the Clerk of Court, not holidays on a wall calendar. The Miami-Dade Clerk of Courts publishes its official holiday schedule each year, and it may include days you wouldn't expect.

If you mail the notice instead of delivering it in person, Florida Rules of Civil Procedure add 5 additional days to the period the tenant has to respond. This means a mailed notice effectively becomes an 8-day notice (3 business days + 5 calendar days for mailing). Most Miami-Dade landlords deliver notices in person or by posting to avoid this extension.

Delivery methodWhen period startsEffective notice period
Personal delivery to tenantDay of delivery (day zero)3 business days
Delivered to adult at premises + mailedDay of delivery3 business days + 5 days mail
Posted on door + mailed (tenant absent)Day of posting3 business days + 5 days mail
Mailed only (certified/regular)Day of mailing3 business days + 5 days mail

The most common mistakes that get Miami cases dismissed

  1. 1

    Wrong amount in the notice

    Including late fees, utilities, or other charges that are not defined as 'rent' in the lease. The notice must demand only the exact rent owed — nothing more.

    Most common dismissal reason
  2. 2

    Missing the county from the address

    Florida courts require the notice to state the address 'including county.' Omitting 'Miami-Dade County' from the property address has been held sufficient grounds for dismissal.

    Easy to miss, hard to recover from
  3. 3

    Missing the landlord's telephone number

    Florida Bar guidance confirms that omitting the landlord's telephone number from the notice renders it defective. This is a technical requirement that courts enforce strictly.

    Often overlooked
  4. 4

    Miscounting the days

    Failing to check the Miami-Dade Clerk of Courts holiday schedule before setting the deadline date. If a court-observed holiday falls within your 3-day window, the deadline moves forward.

    Verify at miamidadeclerk.gov
  5. 5

    Accepting partial rent after posting

    If you accept any rent payment after serving the notice, Florida law requires specific additional steps — including issuing a receipt, posting the partial amount to a court registry when you file, or serving a new notice for the remaining balance. Not following these steps can waive your right to proceed.

    See FL Stat. § 83.56(5)

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After the 3 days expire: what happens next

If the tenant does not pay in full or surrender possession within the 3-day window, the landlord may file a Complaint for Removal of Tenant with the Miami-Dade Clerk of Courts. The filing fee is $185 plus $10 per summons. The complaint must attach the lease and the 3-day notice as exhibits, along with proof of service of the notice.

Once filed, the Miami-Dade Sheriff's Office Court Services Bureau serves the tenant with the summons. The Sheriff charges $40 per defendant for service. The tenant then has 5 business days to file a written response. If no response is filed, the landlord may apply for a default judgment. If the tenant responds, the court schedules a hearing — typically within 2-3 weeks of the response.

When to stop and call a Miami attorney

Some situations require professional review before you serve any notice. Call a licensed Florida attorney if:

  • The property is subsidized housing, Section 8, or subject to any rent control program
  • The tenant has raised habitability complaints or filed code violations against the property
  • The tenant is behind on more than one lease period and the amounts are disputed
  • There is any history of domestic violence, threats, or police involvement
  • The tenant claims the landlord accepted rent after the notice — potentially waiving the right to proceed
  • The tenant has filed for bankruptcy

Frequently Asked Questions

Can I include late fees in a Florida 3-day notice?
Only if your lease specifically defines late fees as additional rent. Standard late fees are not rent under Florida law — including them in the notice amount renders the notice defective and subject to dismissal. Use the exact monthly rent amount only, unless your lease has specific language making late charges part of rent.
Do weekends count in the 3-day notice period in Florida?
No. Florida Statute § 83.56(3) explicitly excludes Saturday, Sunday, and legal holidays from the 3-day count. Legal holidays mean days observed by the clerk of court — check the Miami-Dade Clerk of Courts holiday schedule, not a standard calendar. If the 3rd business day falls the day before a court holiday, the deadline extends to the next business day.
What happens if my 3-day notice has an error?
If the notice is defective — wrong amount, missing county, missing phone number, wrong deadline date — and the tenant raises the defect in court, the judge will typically stay (pause) the eviction and require you to serve a corrected notice. You lose the time already spent and restart the 3-day clock. In some cases, the case is dismissed entirely and you must refile.
Can I email a 3-day notice to my tenant in Florida?
Yes, but only if your lease includes a specific email notice addendum that both parties have signed, and you have the tenant's email address documented. Without a signed electronic communication agreement, email delivery is not valid under Florida Statute § 83.56. Most Miami-Dade landlords use personal delivery or door posting plus certified mail to avoid disputes.
How long after the 3-day notice can I file for eviction?
You may file with the Miami-Dade Clerk of Courts on the first business day after the 3-day period expires without payment. Do not file before the period expires — premature filing is grounds for dismissal. The filing fee is $185 plus $10 per summons. Bring the original lease and a copy of the served notice with your filing.

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3-Day Notice in Miami — Florida Eviction Requirements (2026) | Counsel | Counsel