Florida 3-Day Notice to Pay or Vacate: What It Must Contain

The legal basis

Florida Statute § 83.56(3) requires a landlord to give a residential tenant written notice before filing for eviction for non-payment of rent. The statute calls for "at least three days, excluding weekends and legal holidays" — the notice is commonly called the "3-Day Notice" or "Three-Day Notice to Pay Rent or Vacate."

Exact content requirements

Florida courts are strict: a notice that is missing any required element is facially defective and will result in dismissal. The notice must include:

1. The full amount of rent due — list the specific months and amounts. Do not include late fees, damages, or any amount that is not "rent" under the lease, as this voids the notice.

2. The name and address where rent must be paid — either your address or the address of your authorized agent. If you have a property manager, use their address if that is where tenants normally pay.

3. The exact deadline — state the date by which the tenant must pay or vacate. Count forward three business days from the delivery date, excluding weekends and the following legal holidays: New Year's Day, MLK Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas.

4. Language from the statute — the notice must contain this phrase (or substantially similar): "You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises [address], [city], Florida, now occupied by you, and that I demand payment of the rent or possession of the premises within three days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ___ day of ___, 20__."

Do not add anything else threatening or confusing — keep it clean.

How to deliver the notice

Florida Statute § 83.56(4) specifies three valid delivery methods:

1. Personal delivery to the tenant.

2. Leaving a copy at the tenant's residence with any person residing there who is 15 years of age or older.

3. Posting the notice in a conspicuous place on the premises, such as on the front door, when no one is home.

Note: Florida does NOT require mailing as part of this notice. However, many landlords also mail a copy for their records — it is not legally required but creates an additional paper trail.

Keep a signed and dated copy of the notice with a note of how and when you delivered it. If the case goes to court, you will need to testify or submit an affidavit about delivery.

What happens after the 3 days

If the tenant neither pays the full amount nor vacates by the deadline, you may file for eviction in the county court where the property is located. In Miami-Dade, this is the Miami-Dade County Court, Civil Division.

You file a Complaint for Eviction (residential), pay the filing fee (approximately $185–$400 depending on the amount in controversy), and the clerk issues a summons. The tenant has five business days to respond after being served.

Common errors that void the notice

• Including late fees in the rent amount
• Wrong payment address or missing address
• Miscounting the three days (forgetting to exclude weekends/holidays)
• Using an old template with outdated statutory language
• Addressing the notice to "current tenant" instead of the tenant's name
• Counting the delivery day itself as "day one" (it is not)

Counsel generates a legally compliant 3-Day Notice specific to Florida and Miami-Dade, pre-filled with your case details.