Florida Eviction Notice Requirements: 3-Day, 7-Day, and 15-Day Notices Explained

Florida landlords must follow specific timelines when notifying tenants before filing for eviction. The correct notice period depends on the reason for removal and the type of lease agreement in place. Using the wrong notice or failing to serve it properly can invalidate the entire eviction process. This guide explains the key differences between 3-day, 7-day, and 15-day notices under Florida law.

If your case requires support, our attorneys can help you navigate Florida’s landlord-tenant laws and ensure proper notice delivery.

When a 3-Day Notice Applies in Florida

A 3-day notice is used when a tenant fails to pay rent on time under a residential lease. It demands payment or possession within three business days, excluding weekends and holidays. The amount owed must be accurate and clearly stated, with no late fees unless the lease explicitly allows them. If the tenant doesn’t comply, the landlord may proceed with an eviction filing.

This notice is only valid if served correctly and without errors. Mistakes like including non-rent charges or miscalculating the deadline can lead to case dismissal. Our team ensures that 3-day notices meet statutory requirements and reflect the terms of your lease.

Key points for 3-day notices:

• Used for nonpayment of rent

• Only includes rent, not fees

• Excludes weekends and legal holidays

• Must be delivered in person, posted, or mailed

• Required before filing an eviction complaint

When to Use a 7-Day Notice to Cure or Terminate

A 7-day notice is used when a tenant violates a non-monetary lease term, such as unauthorized pets, property damage, or excessive noise. There are two types: with cure and without cure. A 7-day notice with cure gives the tenant time to correct the violation. A 7-day notice without cure is used for serious breaches that justify immediate termination.

Choosing the wrong type of notice can affect your ability to remove the tenant. We help landlords evaluate the severity of the issue and select the proper notice type. This ensures compliance with Florida Statutes and reduces delay.

Examples of 7-day notice use:

• Unauthorized occupants (with cure)

• Repeated lease violations (without cure)

• Property damage or illegal activity (without cure)

• Violations of HOA rules or local ordinances

• Health or safety risks caused by the tenan

When 15-Day Notices Are Required for Month-to-Month Tenancies

Florida law requires a 15-day notice to terminate a month-to-month lease without cause. This notice must be served at least 15 days before the next rental period begins, not before rent is due. It applies to both landlords and tenants who wish to end the tenancy without alleging fault.

This type of notice cannot be used to evict for violations or unpaid rent. If a landlord uses a 15-day notice improperly, the tenant may challenge it in court. We help confirm lease status and ensure the correct notice is issued based on tenancy type.

15-day notice requirements:

• Used for month-to-month leases

• Must be delivered 15 days before the next rental period

• Not valid for cause-based evictions

• Applies to both landlords and tenants

• Should be in writing and properly served

Serving Notices the Right Way: Delivery Methods That Hold Up in Court

Under Florida law, eviction notices must be served in a legally recognized way to be valid. This includes hand-delivery to the tenant, posting on the door if the tenant is unavailable, or mailing via certified or regular mail. Improper service is one of the most common reasons eviction cases are thrown out.

The best method often depends on whether the tenant is avoiding contact or regularly receives mail. We advise landlords on the most effective approach for each situation. Proper documentation of service is crucial if the case proceeds to court.

Legally valid notice methods:

• Hand-delivery to tenant or co-occupant

• Posting on a visible part of the premises

• Mailing (ideally with proof of mailing)

• Using process servers (recommended in contested cases)

What Happens If the Wrong Notice Is Used?

Serving the wrong notice can delay or derail the entire eviction case. For example, using a 3-day notice when a 7-day is required may lead to dismissal. Courts may also deny an eviction if the notice period is too short, improperly worded, or delivered incorrectly.

Landlords often assume all notice types are interchangeable, but that’s not the case under Florida law. We review leases, violations, and rental histories to help landlords use the correct notice and avoid repeat filings.

Common mistakes include:

• Serving a 15-day notice for lease violations

• Miscounting the deadline period

• Including non-rent charges in a 3-day notice

• Failing to allow cure opportunity on correct notice type

• Using outdated or generic forms

How a Lawyer Can Help Ensure Proper Eviction Notice

Eviction notices seem simple, but errors in content, timing, or delivery often cause avoidable setbacks. Our attorneys help landlords across Florida prepare and serve notices tailored to their lease and situation. We confirm which statute applies, handle notice preparation, and ensure documentation is court-ready.

Legal review is especially helpful when the lease is unclear, the tenant is disputing facts, or past notices have been challenged. Having legal backup during this early phase can make the rest of the eviction process more efficient.

Our legal services include:

• Preparing and reviewing 3-, 7-, and 15-day notices

• Advising on service method and timing

• Handling tenant communication

• Filing court complaints after notice period expires

• Representing landlords during eviction hearings

Florida Eviction Notices: Frequently Asked Questions

How do I know which Florida eviction notice to use?

The type of eviction notice depends on the reason for removing the tenant and the type of tenancy. A 3-day notice applies to nonpayment of rent, a 7-day notice covers lease violations, and a 15-day notice is used to terminate a month-to-month agreement without cause. Selecting the wrong notice can result in court delays or dismissal. It’s best to review the lease and circumstances with legal counsel.

Do weekends count in a Florida 3-day notice?

No, weekends and legal holidays do not count when calculating the deadline for a 3-day notice to pay rent or vacate. Only business days are counted. For example, if you serve a notice on Friday, the deadline would likely fall on the following Wednesday. Miscounting days is a common mistake that can impact your eviction timeline.

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

Florida law only allows you to include late fees in a 3-day notice if the lease clearly defines them as part of rent. If the lease separates late fees from base rent, they should not be included in the amount demanded. Including improper charges can make the notice defective. A corrected notice would need to be reissued before proceeding.

What happens if I don’t serve the eviction notice correctly?

Improper service can invalidate the notice and delay your ability to file an eviction. Notices must be delivered by hand, posted on the premises, or mailed according to Florida law. If challenged in court, you may have to prove that service was completed as required. Working with a legal team helps reduce that risk.

Is a 15-day notice the same as an eviction notice?

Not exactly. A 15-day notice is used to end a month-to-month tenancy and is not based on tenant wrongdoing. It does not require a court process unless the tenant refuses to vacate after the deadline. If the tenant stays past the notice period, then an eviction may follow. It’s often confused with notices based on violations or unpaid rent.

Can a tenant fight an eviction if the notice is incorrect?

Yes. Tenants can contest an eviction by arguing that the notice was defective, improperly served, or not supported by the lease. This may result in dismissal of the case or delays that require refiling. Courts will closely review the notice during contested hearings. That’s why issuing a correct notice the first time is critical.

Do I need to give a tenant notice if their lease expired?

Yes, unless the lease automatically converts to a month-to-month tenancy and you’ve already given proper notice. Florida law still requires notice to terminate a tenancy, even if the original lease term has ended. If you don’t provide it, the tenant may remain in possession legally. Always confirm your lease terms before taking action.

What if the tenant partially pays during the 3-day period?

If a tenant pays only part of the rent during the 3-day notice period, you may accept or reject the payment depending on your goal. Accepting partial rent can waive your right to continue the eviction unless explicitly stated otherwise in writing. Many landlords return the payment and document it. Always consult with counsel before making a decision.

How long after notice expires can I file for eviction?

Once the notice period ends without compliance, you can immediately file the eviction lawsuit. There is no additional waiting period. However, courts will check that the full notice period passed before filing. File too early, and the case may be dismissed on procedural grounds.

Should I use an attorney to serve eviction notices?

Yes, especially if this is your first eviction or if you’ve had past notices challenged. An attorney ensures the right notice is chosen, correctly worded, and lawfully delivered. This protects your case from dismissal and keeps your timeline on track. Legal guidance also reduces the risk of tenant defenses or counterclaims.