Quick Answers
- The 3 days are business days: the count excludes Saturdays, Sundays, and legal holidays, and the day the notice is delivered does not count.
- During those days the tenant can pay the full amount demanded, move out, or do nothing.
- If the tenant does not pay or leave, the landlord files the eviction. Self-help, such as changing locks or cutting utilities, is never allowed.
- After being served, the tenant has 5 business days to respond and, to raise any defense, must deposit the rent into the court registry (Florida Statute 83.60).
- No response or no deposit: the landlord gets a default judgment and a writ of possession; the tenant gets 24 hours after the sheriff posts it.
- Timeline: about 4 to 5 weeks start to finish for an uncontested case.
Notice Period Up? File the Eviction.
If the tenant did not pay or leave, the firm files the case fast, statewide, on a flat fee.Counting the 3 Days Correctly
A Florida three-day notice for nonpayment under Florida Statute 83.56(3) gives the tenant three business days to act. Those days exclude Saturdays, Sundays, and legal holidays, and the day the notice is delivered does not count, so the clock starts the next business day. Miscounting the period is one of the most common reasons a nonpayment case stalls, because filing even one day early can get the complaint dismissed as premature.What the Tenant Can Do During the Notice Period
The tenant has three options once the notice is served:- Pay the full amount demanded. If the tenant pays everything properly demanded in the notice, that nonpayment is resolved and the matter ends there.
- Move out. The tenant can surrender possession and return the property, which ends the need to file.
- Do nothing. If the period passes with no payment and no surrender, the landlord can move forward and file the eviction.
Filing the Eviction
If the tenant neither pays nor leaves, the landlord files a complaint for possession in the county where the property sits. Florida uses an expedited "summary procedure" for evictions, so the case moves faster than ordinary litigation. The clerk issues a summons, and the tenant is served.The Tenant's 5-Day Response and the Court-Registry Rule
After being served, the tenant has five business days, excluding Saturdays, Sundays, and legal holidays, to respond. Here is the part that decides most cases: under Florida Statute 83.60, a tenant who raises any defense other than payment, including the claim that the 3-day notice was defective, must deposit the accrued rent into the court registry and keep depositing rent as it comes due during the case. If the tenant misses that five-day deadline or does not deposit the rent, it is an absolute waiver of every defense except payment, and the landlord is entitled to an immediate default judgment for possession. This is why a large share of nonpayment cases end quickly: most tenants who are already behind cannot put the full amount into the court registry.Judgment, Writ of Possession, and Removal
Once the landlord has a default or a judgment for possession, the clerk issues a writ of possession to the sheriff. The sheriff posts the writ at the property, the tenant has 24 hours to leave, and then the sheriff returns to oversee the removal. The landlord cannot do any of this personally; only the sheriff can carry out the removal.Getting a Money Judgment for the Unpaid Rent
Recovering possession and recovering the unpaid rent are two different things. Under Florida Statute 83.625, the court can award possession and a money judgment in the same case, but a money judgment requires personal service on the tenant. If the summons was only posted on the door because the tenant could not be personally served, the landlord gets possession only, not the money judgment. So if collecting the back rent matters to you, personal service is the detail that makes it possible.
What most people miss
Most landlords assume a tenant who wants to fight can simply file an answer and drag the case out for months. In Florida they cannot do it for free. Under Florida Statute 83.60, a tenant raising any defense has to deposit the rent into the court registry within five business days of being served and keep depositing as rent comes due. Most tenants who are behind cannot, which is why so many nonpayment cases end in a fast default for the landlord.
The flip side is the notice itself. If the 3-day notice demanded the wrong amount, for example by folding late fees or utilities into the rent under 83.56(3), the tenant can raise that as a defense. The court must give the landlord a chance to cure the defect before dismissing, but a clean notice avoids that delay entirely, which is exactly why getting it right the first time matters.
What This Costs
For one tenant, filing an uncontested eviction runs about $530 all-in, which covers the $185 court filing fee, a $10 summons, a process server of about $40, and the firm's flat attorney fee of $295. The sheriff's writ of possession fee ($90 in most counties, $115 in Miami-Dade) applies only if the tenant does not leave on their own. For the full breakdown, see how much a Florida eviction costs.
Notice served and nothing happened? The firm can file today.
Kelley, Grant & Tanis has handled more than 35,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. Related reading: my tenant stopped paying rent, why you cannot change the locks, and timelines for Palm Beach and Broward counties. If your tenant is a business, see commercial evictions in Florida, which follow different rules.
Frequently Asked Questions
What happens after a 3-day notice expires in Florida?
Once the three business days pass and the tenant has not paid the full amount demanded or moved out, the landlord can file an eviction in county court. The court uses an expedited summary procedure, the tenant is served with a summons, and the case moves toward a judgment for possession.
How do I count the 3 days on a Florida eviction notice?
The three days are counted in business days, excluding Saturdays, Sundays, and legal holidays, and the day the notice is delivered is not counted. Miscounting the period is a common mistake that can delay the case, so the clock starts the next business day after delivery.
What can my tenant do during the 3-day notice period?
The tenant has three options: pay the full amount demanded in the notice, move out and surrender possession, or do nothing. If the tenant pays everything demanded, that nonpayment is resolved. If the tenant does nothing, the landlord can proceed to file the eviction once the period ends.
What happens if my tenant ignores the 3-day notice?
If the tenant neither pays nor leaves, the landlord files the eviction complaint in the county where the property sits. The tenant is served, has a short window to respond, and if they do not respond properly the landlord can obtain a default judgment for possession.
Does my tenant have to pay rent into the court to fight the eviction?
Yes. Under Florida Statute 83.60, a tenant who raises any defense other than payment, including claiming the notice was defective, must deposit the accrued rent into the court registry and keep depositing rent as it comes due. Failing to do so within five business days of service waives all defenses except payment and lets the landlord get an immediate default.
How long does my tenant have to respond after being served?
The tenant has five business days after being served, excluding Saturdays, Sundays, and legal holidays, to respond and to deposit any required rent into the court registry. Missing that deadline generally results in a default judgment for the landlord.
Can I get a money judgment for the unpaid rent too?
Yes, but only if the tenant was personally served. Under Florida Statute 83.625, a money judgment for the unpaid rent requires personal service. If the summons was only posted on the door, the landlord can recover possession but not the money judgment.
What if my 3-day notice had the wrong amount on it?
A notice that demands the wrong amount, for example by adding late fees or utilities to the rent under Florida Statute 83.56(3), can be challenged by the tenant. The court must give the landlord a chance to cure the defect before dismissing the case, but a correctly drafted notice avoids that delay in the first place.
How long does the whole process take after the 3-day notice?
For an uncontested case, the full process usually takes about four to five weeks from filing to removal. Contested cases take longer, from six weeks to several months, depending on the defenses raised.