Florida · Tenant not paying rent

Florida tenant not paying rent: the 3-day notice and what comes next.

In Florida, a landlord cannot file an eviction for nonpayment of rent until a written 3-day notice has been properly served — and the 3 days have expired without payment. The notice looks simple but specific errors in the dollar amount, service method, or day count regularly cause cases to be dismissed at the courthouse. Here is what Florida Statute § 83.56(3) actually requires in 2026.

⚠️ 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 nonpayment eviction — the basics

Under Fla. Stat. § 83.56(3), when a tenant fails to pay rent when due, the landlord must serve a written 3-day notice demanding payment of the full rent owed or surrender of possession. The 3-day period excludes Saturday, Sunday, and legal holidays observed by the Clerk of Court. Only after this period expires without full payment can the landlord file a Complaint for Removal of Tenant with the County Court. Filing fee: $185. Unlike New York, Florida requires only a 3-day notice — not 14 days.

What must be in the 3-day notice

Florida courts have dismissed eviction cases for a single missing element. Under § 83.56(3), the notice must contain all of the following:

The exact dollar amount of rent owed — rent only, no late fees, no attorney fees, no utility charges (unless the lease explicitly defines them as additional rent)
The full address of the rental property, including county
The landlord's name and address where rent can be delivered
The landlord's telephone number (required in Miami-Dade County)
The expiration date of the notice, calculated by excluding weekends and court-observed holidays
A statement that the tenant must pay the full amount or surrender possession within 3 days

!Late fees in the 3-day notice will get your case dismissed

The most common reason Florida nonpayment evictions are dismissed: including late fees, legal fees, or other charges in the 3-day notice amount. The notice may only demand rent as defined in the lease. If the tenant proves the notice demanded more than rent owed, the court must dismiss the eviction — and you must restart with a corrected notice.

Include only the monthly rent amount stated in the lease
Do not add late fees even if the lease calls them 'additional rent' — consult an attorney if unsure
Do not add court costs, attorney fees, or utility charges
If multiple months are owed, you may include all past-due rent but not any fees

How to count the 3 days correctly

The 3-day count begins the day after delivery and excludes Saturday, Sunday, and legal holidays observed by the Clerk of Court in the county where you are filing. Each county publishes its own court holiday schedule — and these differ from standard federal or state holidays. Miami-Dade, Broward, and Collier courts each observe different dates. Before serving the notice, check the relevant county clerk's website for the current court holiday calendar.

Example	Notice served	Day 1	Day 2	Day 3 (deadline)
No holidays in window	Monday	Tuesday	Wednesday	Thursday
Friday service	Friday	Monday	Tuesday	Wednesday
Holiday on Day 2	Thursday	Friday	Skip Monday (holiday)	Tuesday

How to serve the 3-day notice

Under Fla. Stat. § 83.56(4), valid delivery methods are: personal delivery to the tenant; delivery to a person of suitable age at the premises plus mailing a copy; or posting on the main entry door plus mailing a copy, when the tenant is absent after reasonable attempt. Keep a dated copy of the notice and document the delivery method — you will need this if the tenant contests service in court.

!Electronic notice — allowed only with written consent

Effective July 1, 2025, Florida HB 615 allows email delivery of notices — but only if the lease or a signed addendum specifically authorizes electronic delivery and the tenant consented in writing. If your lease does not have this language, serve by physical means.

Email delivery requires prior written consent in the lease or addendum
Even with consent, follow up with physical posting or mailing to be safe
Court summons and complaints still require physical process service

What if the tenant pays after receiving the notice?

Under Fla. Stat. § 83.56(3), if the tenant pays the full amount demanded before the notice period expires, the landlord must accept payment and cannot proceed with eviction. The nonpayment grounds are cured. If the tenant pays only part of the amount owed, the landlord may continue the eviction for the unpaid balance. Do not accept partial payment without reserving your rights in writing.

Filing the eviction complaint after the notice expires

If the 3-day period passes without full payment, file a Complaint for Removal of Tenant with the County Court in the county where the property is located. Attach the lease, the 3-day notice, and proof of service of the notice. The filing fee is $185 in most Florida counties, plus $10 per summons. After filing, the Sheriff or a certified process server serves the summons on the tenant — the tenant then has 5 business days to respond.

1
Calculate exact rent owed — exclude all fees
Add only past-due monthly rent amounts stated in the lease. Do not include late fees, utility charges, or any other amounts. Verify the total before drafting the notice.
One dollar too many = dismissal
2
Draft and serve the 3-day notice
Include all required elements: amount, property address, landlord contact, expiration date. Serve by personal delivery, substituted service + mail, or posting + mail. Document everything.
Fla. Stat. § 83.56(3) and § 83.56(4)
3
Count the 3 days correctly
Exclude Saturday, Sunday, and county court-observed holidays. Check the specific county Clerk's holiday schedule for the year. Mark the expiration date on your calendar.
Day 1 = the day after service
4
Wait for payment or expiration
If tenant pays in full: accept and close the matter. If tenant pays partial: you may proceed for the balance. If no payment: proceed to filing.
Full payment cures the default — § 83.56(3)
5
File Complaint for Removal of Tenant
File with the County Court in the county where the property is located. $185 filing fee + $10 per summons. Attach lease and notice as exhibits. Sheriff or process server delivers summons.
Tenant has 5 business days to respond

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Mistakes that get Florida nonpayment evictions dismissed

Including late fees, utility charges, or other non-rent amounts in the notice
Miscounting the 3-day period — not checking the county clerk's holiday schedule
Serving the notice by a method not permitted under § 83.56(4)
Filing the eviction complaint before the 3-day period expires
Failing to include the landlord's telephone number (required in Miami-Dade)
Accepting partial rent payment after the notice without reserving rights in writing
Using a 3-day notice when the situation requires a 7-day notice (lease violations) or 30-day notice (month-to-month termination)

Frequently Asked Questions

How long does a Florida eviction take for nonpayment of rent?

An uncontested nonpayment eviction in Florida typically takes 3 to 5 weeks from start to finish: 3-day notice period (3 business days), filing and service (3–7 days), tenant's 5-business-day response window, default judgment processing (3–7 days), and Sheriff writ execution (1–2 weeks). If the tenant contests the case and a hearing is required, add 4–8 weeks. Miami-Dade cases generally take longer due to higher court volume.

Can I include late fees in a Florida 3-day eviction notice?

No. A Florida 3-day notice for nonpayment may only demand rent as defined in the lease — not late fees, legal fees, utility charges, or other amounts. Even if the lease calls late fees 'additional rent,' including any amount beyond base rent is grounds for dismissal. Courts routinely dismiss evictions where the landlord demanded even a single dollar more than the actual rent owed.

What if the tenant pays rent after I serve the 3-day notice?

If the tenant pays the full amount demanded before the notice deadline expires, you must accept payment and cannot proceed. The eviction grounds are cured by full payment under Fla. Stat. § 83.56(3). If the tenant pays only part of the amount owed, you may continue the eviction for the unpaid balance. Do not accept partial payment without a written statement reserving your right to proceed — accepting partial payment without reservation may waive your eviction grounds.

Do I need an attorney to file an eviction in Florida?

Individual landlords can represent themselves in Florida eviction proceedings. However, if the landlord is a corporation, LLC, or other business entity, Florida law requires the entity to be represented by a licensed attorney at any court hearing — a corporate officer cannot appear for the company. For uncontested nonpayment cases with a clean 3-day notice, self-represented individual landlords regularly succeed without an attorney.

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