Florida Eviction Notice Requirements

Florida's Residential Landlord and Tenant Act sets eviction notices in § 83.56. For unpaid rent, the landlord serves a three-day notice to pay or deliver possession; the three days exclude Saturdays, Sundays and court-observed legal holidays. For a curable lease violation, the tenant gets seven days to fix it, and for serious or repeated violations the landlord can give a seven-day notice to vacate. Ending a month-to-month tenancy takes at least 30 days' written notice before the end of a monthly period under § 83.57.

A three-day notice must state the rent owed and the property address, including the county, and give the landlord's name, address and phone number. Florida allows delivery by mail, by handing over a copy, by e-mail as allowed by § 83.505, or, if the tenant is absent, by leaving a copy at the residence. Under § 83.425, state law preempts local regulation of residential tenancies, including notice requirements, so city and county ordinances can't add their own.

If the tenant doesn't pay, cure or move out, the landlord files an eviction case in the county court where the property is located. To contest a nonpayment case, the tenant generally must deposit the rent alleged due into the court registry within five business days after service. Florida § 83.67 prohibits landlords from changing locks, removing doors or belongings, or cutting off utilities to force a tenant out. Only the sheriff, acting on a writ of possession after 24 hours' posted notice, can remove a tenant.