Housing & Tenant · Eviction Notice
Eviction Notice in Florida
How many days of written notice a landlord must give before filing an eviction in Florida, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Florida
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Florida | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay3 days | A 3-day notice to pay rent or vacate, excluding Saturdays, Sundays, and legal holidays (§83.56(3)). Pay the full amount demanded within the period and the landlord cannot proceed on that notice. |
| Curable lease violation | Can fix and stay7 days | A 7-day notice to cure for a fixable breach, such as an unauthorized guest or a maintenance duty (§83.56(2)(b)). Correct it within 7 days and you keep the tenancy. |
| Serious or incurable violation | 7 days | For serious violations that cannot be cured, such as destruction of property or repeated disturbance of neighbors, a 7-day unconditional notice to vacate (§83.56(2)(a)). |
| No-cause end of a month-to-month tenancy | 30 days | At least 30 days notice before the end of a monthly period (§83.57(3)). This rose from 15 days to 30 days effective July 1, 2023. |
| End of a fixed-term lease | None by statute | A fixed-term lease ends on its own date with no statutory notice required, unless the lease itself calls for a notice of non-renewal. |
| After the notice | Court | If the tenant does not pay, cure, or move within the notice period, the landlord files an eviction action in county court. The tenant is served and generally has 5 business days to file a written response, and for nonpayment cases must usually deposit the disputed rent into the court registry to contest. |
| Statute | Fla. Stat. §83.56; §83.57 | The controlling statute for these notice periods. Read the full text through the source link below. |
The month-to-month notice period changed from 15 days to 30 days on July 1, 2023 (Chapter 2023-314, House Bill 1417). Older guides that still say 15 days are out of date.
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Florida. This is legal information, not legal advice.
- Identify the notice and count the days
Check whether you received a 3-day (unpaid rent), 7-day cure, or 7-day unconditional notice. For the 3-day rent notice, do not count Saturdays, Sundays, or legal holidays, which can add days to your real deadline.
- Pay or fix the problem within the period
For unpaid rent, paying the exact amount demanded within the 3 days stops that notice. For a curable violation, correcting it within the 7 days keeps your tenancy. Keep receipts and photos as proof.
- Respond in court and watch the rent deposit rule
If the landlord files, you usually have 5 business days to answer. In a nonpayment case, Florida law generally requires you to deposit the rent you dispute into the court registry to raise defenses. Missing that step can cost you the case.
- Get Florida tenant help
A local legal aid office can review your notice, explain the deposit-into-registry rule, and help you respond. Florida Law Help lists free and low-cost tenant resources by county.
If you have received a notice, you can still act. This resource explains your rights and the deadlines, and points you to local help.
→ Florida Law HelpThis is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Florida renters get wrong
Florida gives a different notice for each reason a landlord ends a tenancy, and the most common one is short. For unpaid rent the landlord serves a 3-day notice to pay or move under Florida Statutes §83.56(3), and those 3 days exclude Saturdays, Sundays, and legal holidays, so a notice handed over on a Friday can give you until the middle of the next week. A lease violation you can fix gets a 7-day notice to cure, while a serious violation you cannot fix, like destroying property or repeatedly disturbing neighbors, gets a 7-day unconditional notice to vacate. Ending a month-to-month tenancy for no reason takes 30 days notice under §83.57(3), a number that rose from 15 days on July 1, 2023, so older sources that still say 15 are wrong. One Florida rule catches many tenants off guard: to fight a nonpayment eviction in court, you usually have to deposit the rent you dispute into the court registry, or you can lose the right to raise defenses.
Common questions
How many days notice does a landlord give before eviction in Florida?
It depends on the reason. Unpaid rent gets a 3-day notice to pay or move, excluding weekends and legal holidays. A curable lease violation gets a 7-day notice to cure. A serious, non-curable violation gets a 7-day notice to vacate. Ending a month-to-month tenancy for no cause takes 30 days notice.
Do weekends count in a Florida 3-day eviction notice?
No. The 3 days in a nonpayment notice exclude Saturdays, Sundays, and legal holidays under §83.56(3). So the deadline stated on the notice can fall several calendar days after it was delivered. The notice must use the statutory language and give the correct amount due.
Is the Florida month-to-month notice 15 days or 30 days?
It is 30 days. The period rose from 15 days to 30 days effective July 1, 2023 under House Bill 1417 (Chapter 2023-314), amending §83.57(3). Either party ending a month-to-month tenancy must give at least 30 days notice before the end of a monthly period.
Do I have to pay rent into the court to fight an eviction in Florida?
Usually yes for a nonpayment case. Florida law generally requires a tenant who wants to contest a nonpayment eviction to deposit the rent claimed, or the amount in dispute, into the court registry. Failing to do so can waive your defenses and lead to a default. Ask the clerk or a legal aid office how much and by when.
Can a Florida landlord evict without going to court?
No. A notice is only the first step. If you do not pay, cure, or move, the landlord must file an eviction action in county court and get a judgment. Only the court can order you out, and only the sheriff can carry out a writ of possession. Self-help lockouts and utility shutoffs are illegal.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.