Florida eviction laws
Notices, deadlines, court and tenant rights in Florida — in plain English.
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Overview
- The court case
- Eviction (action for possession)
- Court
- County Court of the county where the property is located
- Main laws
- Florida Residential Landlord and Tenant Act, Fla. Stat. 83.40-83.683 (notices: 83.56, 83.57; delivery: 83.505 and 83.56(4); tenant deposit of rent: 83.60(2); procedure: 83.59, 51.011)
Just-cause protection
No statewide law
Florida has no just-cause eviction law. Periodic tenancies can be ended without a reason by proper notice. Since 2023 state law preempts local governments from regulating residential tenancies (Fla. Stat. 83.425), so city or county 'tenant bill of rights' notice rules generally no longer apply. (Fla. Stat. 83.57; 83.425)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Three-Day Notice to Pay Rent or Deliver Possession
The landlord serves a written 3-day notice demanding payment of the rent or possession. The 3 days do not count Saturdays, Sundays, or court-observed legal holidays. If the tenant pays the full rent demanded within the period, the landlord may not file.
Three-Day Notice to Pay Rent or Deliver Possession
- Notice period
- 3 business days
- Counting
- Do not count the day of delivery. Count 3 days excluding Saturdays, Sundays and legal holidays (court-observed holidays only). The deadline date written in the notice must reflect this. If the notice is mailed, add 5 days for mailing.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Statutory text: 'You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ___ day of ___, (year).'
- Only rent may be demanded (late fees and other charges only if the lease defines them as rent)
- Landlord's name, address and phone number
- Date of delivery / certificate of service
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; First-class mail; Email (only if the tenant agreed in writing). Deliver to the tenant in person; or, if the tenant is absent from the premises, leave a copy at the residence (post it on the door). The notice may also be mailed (add 5 days) or, if the tenant agreed in writing to electronic notices, sent by email under Fla. Stat. 83.505.
- Official form
- Florida Supreme Court-approved Landlord/Tenant Form 1 - Notice from Landlord to Tenant: Termination for Failure to Pay Rent (Florida Bar)
- Law
- Fla. Stat. 83.56(3), (4); 83.505
- If the landlord accepts full or partial rent after serving the notice, the landlord waives the right to evict for that nonpayment unless the landlord gives written notice or places the money in the court registry as allowed by Fla. Stat. 83.56(5).
- Double-check with the court: Adding 5 days for a mailed notice comes from case law and court practice, not the statute's text.
The tenant broke the lease or rules — Seven-Day Notice of Noncompliance with Opportunity to Cure
For a lease violation that can be fixed (for example, unauthorized pets or guests, parking in unauthorized areas, failure to keep the unit clean), the landlord serves a 7-day notice to cure. If the violation is not fixed within 7 days, or the same violation is repeated within 12 months after a cure notice, the landlord may terminate.
Seven-Day Notice of Noncompliance with Opportunity to Cure
- Notice period
- 7 days
- Counting
- 7 calendar days from delivery; do not count the day of delivery. Add 5 days if mailed.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Statutory text: 'You are hereby notified that (cite the noncompliance). Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.'
- Landlord's name, address and phone number
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; First-class mail; Email (only if the tenant agreed in writing). Same methods as the 3-day notice (83.56(4)); email only if the tenant agreed in writing.
- Official form
- Florida Supreme Court-approved Landlord/Tenant Form 2 - Notice from Landlord to Tenant: Notice of Noncompliance (Florida Bar) (VERIFY it matches the curable version)
- Law
- Fla. Stat. 83.56(2)(b)
The lease ended and the tenant stayed — no notice required
A fixed-term lease ends on its end date, and Florida law does not require the landlord to give notice of non-renewal unless the lease requires it. If the tenant stays after the lease ends without the landlord's consent, the landlord may file for possession (and may seek double rent).
- Check the lease: many leases require advance notice of non-renewal or convert automatically to month-to-month. If the landlord accepts rent after the end date, a month-to-month tenancy may be created, requiring a 30-day notice.
- A demand for possession in writing before filing is common practice and supports a claim for double rent.
Ending a month-to-month tenancy (no fault) — Notice of Termination of Tenancy Without Specific Term
A tenancy without a specific end date can be ended by written notice before the end of a rental period: 7 days for week-to-week, 30 days for month-to-month or quarter-to-quarter, and 60 days for year-to-year. No reason is required.
Notice of Termination of Tenancy Without Specific Term
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days, quarter-to-quarter: 30 days, year-to-year: 60 days)
- Counting
- Delivered at least 7 / 30 / 60 days before the end of a rental period; the termination date must be the last day of a rental period.
- Tenant can fix it?
- No
- Must include
- Tenant names and address of the premises
- Statement that the tenancy is terminated
- Termination date (end of a rental period, at least the required days after delivery)
- Landlord's name, address and signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; First-class mail; Email (only if the tenant agreed in writing). Same methods as other notices under 83.56(4); email only if the tenant agreed in writing.
- Law
- Fla. Stat. 83.57 (month-to-month notice increased from 15 to 30 days in 2023)
Illegal activity, violence or serious damage — Seven-Day Notice of Termination (Noncompliance Without Opportunity to Cure)
For violations that cannot be fixed, such as destruction, damage or misuse of the property by intentional act, continued unreasonable disturbance, or a repeat of a violation within 12 months after a cure notice, the landlord serves a 7-day notice of termination with no opportunity to cure.
Seven-Day Notice of Termination (Noncompliance Without Opportunity to Cure)
- Notice period
- 7 days
- Counting
- 7 calendar days from delivery; do not count the day of delivery. Add 5 days if mailed.
- Tenant can fix it?
- No
- Must include
- Statutory text: 'You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance).'
- Landlord's name, address and phone number
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; First-class mail; Email (only if the tenant agreed in writing). Same methods as other notices under 83.56(4).
- Law
- Fla. Stat. 83.56(2)(a)
How a tenant responds
The tenant has 5 days after being served with the eviction summons (not counting Saturdays, Sundays, and legal holidays) to file a written answer. To raise any defense other than payment, the tenant must also deposit the rent alleged to be due (and rent that comes due during the case) into the court registry, or file a motion asking the court to decide how much must be deposited. Failure to deposit is an absolute waiver of defenses and the landlord can get an immediate default judgment for possession.
Deadline: 5 business days after being served · Fla. Stat. 83.60(2); 51.011
City and local rules
- Fla. Stat. 83.425 (2023) preempts local regulation of residential tenancies; local 'tenant bill of rights' notice requirements (e.g., Miami-Dade, Orange County) are generally unenforceable. VERIFY for any surviving local notice rules.
Official court forms
Landlords
- Form 1 — Notice From Landlord to Tenant — Termination for Failure to Pay Rent (3-day notice)
- Form 2 — Notice From Landlord to Tenant — Notice of Noncompliance for Matters Other Than Failure to Pay Rent
- Form 5 — Complaint for Landlord to Evict Tenants
- Form 5a — Complaint for Landlord to Evict Tenants for Failure to Pay Rent and to Recover Past Due Rent
- Form 6 — Complaint for Landlord to Evict Tenants for Failure to Comply with Rental Agreement
- Form 7 — Summons — Eviction Claim
- Form 11 — Writ of Possession
Tenants
- Fla. R. Civ. P. Form 1.947(b) — Answer — Residential Eviction
Sources
- Fla. Stat. 83.56 (Online Sunshine, 2026)
- Fla. Stat. 83.57 (Online Sunshine, 2026)
- Fla. Stat. 83.60 (Online Sunshine, 2026)
- The Florida Bar - Supreme Court approved Landlord/Tenant Forms
- Florida Courts Help - Landlord/Tenant
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.