Florida · Lease violation

Florida lease violations: the 7-day notice and how to use it correctly.

When a Florida tenant violates their lease — damages the property, keeps an unauthorized pet, sublets without permission, or commits a nuisance — the landlord must serve a written notice before filing any eviction. The type of notice depends on whether the violation can be fixed or not. Florida Statute § 83.56(2) sets out the exact requirements. Here is what they are and how courts have interpreted them.

⚠️ 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.

Florida lease violations — notice requirements at a glance

Under Fla. Stat. § 83.56(2), a landlord who wants to terminate a tenancy for a lease violation must first serve a written notice. For violations the tenant can fix: a 7-Day Notice to Cure (7-day cure period). For serious or repeated violations that cannot be cured: a 7-Day Unconditional Notice to Quit. If the tenant does not comply within 7 days, the landlord may file a Complaint for Removal of Tenant with the County Court. Filing fee: $185.

Two types of 7-day notice — and when to use each

Situation	Notice type	Tenant's options	Statute
Curable violation (unauthorized pet, unauthorized occupant, minor property damage)	7-Day Notice to Cure (§ 83.56(2)(b))	Fix the violation within 7 days, or vacate	§ 83.56(2)(b)
Incurable violation (destruction of property, continued nuisance, illegal activity)	7-Day Unconditional Notice to Quit (§ 83.56(2)(a))	Must vacate — no opportunity to cure	§ 83.56(2)(a)
Violation cured once, then repeated within 12 months	7-Day Unconditional Notice to Quit	Must vacate — repeat violations are treated as incurable	§ 83.56(2)(a)

!Repeat violations within 12 months — you can skip the cure opportunity

If a tenant previously received a 7-day cure notice for a particular type of violation and cured it, and then commits the same or a similar violation within 12 months of the prior notice, the landlord can serve a 7-Day Unconditional Notice to Quit — the tenant is not entitled to another cure opportunity. This is the most important provision landlords overlook when dealing with repeat offenders.

Prior notice must be for the same type of violation
Repeat must occur within 12 months of the prior notice
Keep copies of all prior notices and any tenant acknowledgment of the prior cure

What must be in the 7-day notice

The specific lease provision the tenant has violated — cite the exact clause (e.g. 'Section 12 — No Pets')
A description of the violation and the conduct that constitutes the violation
For a cure notice: a statement that the tenant has 7 days to remedy the violation
For an unconditional notice: a statement that the tenancy is terminated and the tenant must vacate within 7 days
The landlord's name and contact information
The property address

How to serve the 7-day notice

Under Fla. Stat. § 83.56(4), serve the notice by: personal delivery to the tenant; delivery to a person of suitable age at the premises plus mailing a copy to the tenant; or posting on the main entry door plus mailing, if the tenant is absent after reasonable attempt. The 7-day period begins the day after service. Unlike the nonpayment 3-day notice, the 7-day period for lease violations includes weekends and holidays — it is 7 calendar days, not 7 business days.

!7 calendar days — not 7 business days

The 3-day notice for nonpayment excludes weekends and holidays. The 7-day notice for lease violations does not — it runs for 7 calendar days from the day after service. This is one of the most common miscalculations landlords make when switching between notice types.

Day 1 = the day after service
Count all calendar days including Saturday and Sunday
Do not subtract court holidays from the 7-day count

What happens after the 7 days expire

If the tenant cures the violation (for a cure notice): document the cure in writing. The eviction grounds are extinguished — but note the date for purposes of the 12-month repeat-violation rule. If the tenant does not cure or does not vacate (for an unconditional notice): file a Complaint for Removal of Tenant with the County Court. Attach the lease, the 7-day notice, and proof of service.

1
Identify the violation and determine which notice applies
Is it curable (pet, unauthorized occupant, noise) or incurable (destruction, illegal activity)? Has the tenant violated the same provision within the last 12 months? Answer these before choosing the notice type.
Choosing the wrong notice type requires starting over
2
Document the violation before serving notice
Photos, video, witness statements, written communications. Courts require evidence the violation actually occurred. A notice without documentary backup is hard to prove if the tenant denies it.
Document before, during, and after
3
Serve the 7-day notice by a valid method
Personal delivery, substituted service + mail, or posting + mail. Count 7 calendar days from the day after service. Keep a copy and an affidavit of service.
Fla. Stat. § 83.56(4)
4
Document the outcome on day 7
If cured: photograph the cure, note the date, keep the notice in your files. If not cured and not vacated: proceed to filing.
Do not accept partial compliance without documenting it
5
File Complaint for Removal of Tenant
File with the County Court in the county where the property is located. $185 filing fee. Attach lease, 7-day notice, proof of service, and documentation of the violation.
Tenant has 5 business days to respond after service of the summons

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Common mistakes in Florida lease violation cases

Using a 3-day notice for a lease violation instead of a 7-day notice
Serving a cure notice when the situation qualifies for an unconditional notice (repeat violation within 12 months)
Counting 7 business days instead of 7 calendar days
Not specifying the exact lease provision violated in the notice
Accepting partial compliance without documenting the incomplete cure
Failing to keep affidavits of service for the notice
Filing the complaint before the 7-day period expires

Frequently Asked Questions

Can I evict a tenant in Florida for having an unauthorized pet?

Yes — an unauthorized pet is a lease violation that supports eviction under Fla. Stat. § 83.56(2)(b). You must first serve a 7-Day Notice to Cure, giving the tenant 7 calendar days to remove the pet. If the tenant removes the pet within 7 days, the eviction grounds are extinguished (but note the date — if they get another pet within 12 months, you can serve an unconditional 7-day notice). If the tenant does not remove the pet, file for eviction after the 7 days expire.

What counts as an incurable lease violation in Florida?

Florida courts have recognized the following as incurable violations justifying an unconditional 7-day notice: intentional destruction of property, continued unreasonable disturbance or nuisance after prior notice, illegal activity on the premises, and violations the tenant has already been notified about and cured within the past 12 months. Minor one-time violations — a pet, an overnight guest who stays too long — are generally treated as curable.

How long does a lease violation eviction take in Florida?

A Florida lease violation eviction typically takes 5 to 9 weeks from service of the 7-day notice: 7-day notice period, filing and Sheriff service (3–7 days), tenant's 5-business-day response window, and default judgment or hearing. An uncontested case where the tenant files no response can resolve within 3–4 weeks after filing. If the tenant contests and a hearing is required, add 3–6 weeks.

Do I need to send a 7-day notice if the tenant is doing something illegal?

For serious illegal activity — drug manufacturing, violence, or activity that constitutes a breach of the lease — you may serve a 7-Day Unconditional Notice to Quit. Florida law allows termination without a cure opportunity for violations that 'cannot be cured' under § 83.56(2)(a). Document the illegal activity thoroughly before serving the notice, as the tenant may contest the characterization in court.

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