Your rights under Florida law
How Florida's 3-day notice to pay rent works
A Florida 3-day notice is the landlord's written demand that you pay the rent you owe or give up the home within 3 days, not counting Saturdays, Sundays, legal holidays or the day you get it. Pay the full amount it names before the deadline and the landlord can't evict you for that rent. Miss it and the landlord can file an eviction in county court, but you can't be removed without a court judgment and a sheriff's writ.
Updated Last checked 4 min read
Quick answer
- Count 3 business days, starting the day after delivery. Weekends and legal holidays are skipped.
- It has to be in writing: by mail, by hand, left at the home if you are out, or by email under a signed email addendum.
- Paying the full amount within the 3 days ends the problem for that rent.
- It isn't an order to leave. Only a court judgment and the sheriff can remove you.
- Late fees belong in it only if your lease designates them as rent.
On this page
How to count the 3 days
Section 83.56(3) gives you 3 days, excluding Saturday, Sunday and legal holidays, after the notice is delivered. The day you receive it doesn't count. Miami-Dade's civil process page puts it the same way: the landlord can serve the eviction papers after three days, not counting the day the notice was received.
- Delivered Friday, November 20, 2026
- Counts Monday, Tuesday, Wednesday. Pay by the end of Wednesday, November 25.
- Delivered Friday, September 4, 2026
- Monday is Labor Day. Counts Tuesday, Wednesday, Thursday. Pay by the end of Thursday, September 10.
What a valid notice looks like
The statute sets out the wording. A proper notice names the amount of rent you owe, the address, and the demand to pay it or give up possession within 3 days. It begins:
You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises...
The amount should be rent. A late fee, a utility bill or a repair charge belongs in it only if your written lease designates that charge as rent, because that's how section 83.43 defines rent. Check the math against your lease and your receipts.
How it can be delivered
Section 83.56(4) allows mailing it, handing it to you, or, if you're not home, leaving a copy at the residence. Since July 1, 2025 it can also be emailed, but only if you and the landlord signed an email delivery addendum under section 83.505. A text message alone isn't one of the listed ways.
What to do in the 3 days
Check the amount against your lease and your payment records first, and note anything that isn't rent under your lease. Then pay the amount the notice names before the deadline, in a way that leaves a record, and get a receipt.
If you can't pay it all, tell the landlord in writing right away and propose a date. Get any payment plan in writing, signed by both of you. Keep the notice, your receipts, and every text and email, because they're what you'd bring to court.
If the landlord takes a partial payment after posting the notice, section 83.56(5) says it has to give you a receipt showing the amount and the balance still due, put the money in the court registry when it files, or post a new 3-day notice for the new amount. Taking part of the rent doesn't cancel the landlord's right to go forward on the rest.
What happens after the deadline
On day 4 the landlord can file. You don't have to leave. The landlord has to file an eviction complaint in county court and have you served with a summons, and you then have 5 business days to respond and to pay the rent into the court registry. The eviction timeline has each step and what it costs.
A landlord who changes the locks, removes your things or cuts the power instead of going to court is breaking section 83.67, and owes you at least three months' rent. See illegal lockouts and utility shutoffs.
Questions people ask
Does a 3-day eviction notice include weekends in Florida?
No. Saturdays, Sundays and legal holidays are excluded, and the day you receive the notice doesn't count.
Does a 3-day notice mean I have to move out in 3 days?
No. It means pay or the landlord may file in court. You can only be removed after a court judgment and a writ the sheriff posts with 24 hours' notice.
Can a landlord text or email a 3-day notice?
Email works only with a signed email delivery addendum under section 83.505. Otherwise the notice is mailed, handed to you, or left at the home when you are out.
Can my landlord refuse my rent after the 3 days?
Yes. After the deadline the landlord doesn't have to take the money. Under section 83.56(5), a landlord that accepts the rent knowing about the nonpayment waives the right to end the lease over it.
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Words in this guide
Sources
- Florida Statutes, section 83.56: Termination of rental agreementleg.state.fl.us
- Florida Statutes, section 83.43: Definitionsleg.state.fl.us
- Florida Statutes, section 83.505: Electronic delivery of noticesleg.state.fl.us
- Florida Statutes, section 83.60: Defenses to action for rent or possession, procedureleg.state.fl.us
- Miami-Dade County: Evictions (civil process)miamidade.gov
- Florida Senate: HB 615 (2025), Electronic Delivery of Notices Between Landlords and Tenants, chapter 2025-16flsenate.gov
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
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Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.