How many days does a Florida 3-day notice give the tenant?

Three days after delivery of the written demand, excluding Saturday, Sunday and legal holidays — and 'legal holidays' in §83.56 means court-observed holidays only. The count runs from delivery of the notice, so the method and proof of delivery matter.

How much notice ends a Florida month-to-month tenancy?

Under §83.57(3), not less than 30 days' written notice before the end of any monthly period, given by either party. Year-to-year tenancies take 60 days, quarter-to-quarter 30 days, and week-to-week 7 days.

Can the tenant fix a lease violation instead of moving out?

For curable noncompliance, yes: §83.56(2)(b) gives the tenant 7 days from delivery of the notice to correct it. For noncompliance the statute treats as not curable, §83.56(2)(a) gives 7 days to vacate with no cure opportunity. Nonpayment is handled by the 3-day notice, not the 7-day notices.

What if the tenant stays after the notice period runs out?

The notice alone does not remove anyone. Under §83.58 the landlord may recover possession through the §83.59 process and may also recover double the rent due for the holdover period.

Florida Notice to Vacate

In Florida, 'notice to vacate' covers several different statutory notices, and serving the right one matters. Unpaid rent starts with the 3-day notice in §83.56(3); ending a month-to-month tenancy takes at least 30 days' notice under §83.57. A notice is not a court order — if the tenant does not leave, possession is recovered through the court process in §83.59.

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What it is

Florida does not use one single vacate form. Part II of Chapter 83 provides: the 3-day notice demanding rent or possession for nonpayment (§83.56(3)); 7-day notices for other material noncompliance, with or without a chance to cure (§83.56(2)); and the termination notice that ends a tenancy without a specific duration (§83.57). Each notice has its own period, content, and delivery rules, and none of them can be waived in the rental agreement.

When to use it

Rent is unpaid and the default has continued — the 3-day notice under §83.56(3)
The tenant has broken another material lease term or §83.52 duty — the 7-day cure notice, or the 7-day termination notice for noncompliance that should not be cured, under §83.56(2)
Ending a month-to-month (or other no-fixed-term) tenancy without alleging a violation — written notice under §83.57, at least 30 days before the end of the monthly period
The tenant stays after the tenancy has ended — holdover remedies under §83.58, through the §83.59 court process

What to include — checklist

Print this page to use the checklist on paper.

Names of all tenants on the lease or in occupation, and the property address including unit and county (the §83.56(3) form states the premises address including county)
For a 3-day notice: the exact sum owed for rent and use of the premises, the deadline date computed as 3 days excluding Saturday, Sunday and legal holidays from delivery, and the landlord's name, address and phone number — §83.56(3) sets out the statement in substantially this form
For a 7-day notice: the specific noncompliance cited, and whether the notice offers the statutory 7 days to cure or terminates with 7 days to vacate
For a §83.57 termination: the period matched to the tenancy type and a termination date at the end of a rental period, with the full notice period allowed
Delivery by a method §83.56(4) allows — mailing, delivering a true copy, e-mailing in accordance with §83.505, or, if the tenant is absent from the premises, leaving a copy at the residence
Proof of delivery kept with a complete copy of the notice served, including the date and method
If partial rent is accepted after a nonpayment notice: the receipt, court-registry deposit, or fresh 3-day notice §83.56(5)(a) requires
A forwarding-address request for the security-deposit accounting under §83.49(3)

Florida-specific requirements

Florida Statutes §83.56(3): if the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of the landlord's written demand for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. 'Legal holidays' for this section means court-observed holidays only. The notice must contain a statement in substantially the statutory form: the sum owed for rent and use of the premises (address, including county), the demand to pay or deliver possession within the 3 days, the deadline date, and the landlord's name, address and phone number.
Section 83.56(2)(b): for a material noncompliance other than nonpayment that the tenant should be given an opportunity to cure — the statute's examples include unauthorized pets, guests or vehicles, unauthorized parking, and failing to keep the premises clean and sanitary — the landlord delivers a written notice specifying the noncompliance and stating that if it is not corrected within 7 days from delivery, the landlord shall terminate the rental agreement. If the same or similar conduct recurs within 12 months, an eviction action may start without a further cure notice.
Section 83.56(2)(a): for noncompliance of a nature that the tenant should not be given an opportunity to cure — the examples include intentional destruction, damage or misuse of property, and a subsequent or continued unreasonable disturbance — the landlord may terminate and the tenant has 7 days from delivery of the notice to vacate.
Section 83.57: a tenancy without a specific duration may be terminated by either party giving written notice as follows — year to year: not less than 60 days before the end of any annual period; quarter to quarter: not less than 30 days before the end of any quarterly period; month to month: not less than 30 days before the end of any monthly period; week to week: not less than 7 days before the end of any weekly period.
Section 83.56(4): the written notices are delivered by mailing, delivering a true copy, e-mailing in accordance with §83.505, or, if the tenant is absent from the premises, leaving a copy at the residence. The notice requirements of §83.56(1)–(3) may not be waived in the rental agreement.
Section 83.56(5)(a): accepting rent with actual knowledge of a noncompliance generally waives the right to terminate for that noncompliance — but accepting partial rent does not, provided the landlord gives a receipt stating the date and amount received and the agreed date and balance due before filing, places the partial rent in the court registry on filing, or posts a new 3-day notice reflecting the new amount due.
Section 83.58: if the tenant holds over after the rental agreement expires without the landlord's permission, the landlord may recover possession in the manner provided in §83.59 and may also recover double the amount of rent due for the period the tenant refuses to surrender possession.
A notice is not self-help. Do not change locks or shut off utilities to force a tenant out — possession is recovered through the §83.59 court process if the tenant does not leave.

Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

Counting the 3 days straight through a weekend or a court-observed holiday — §83.56(3) excludes Saturdays, Sundays and legal holidays
Using a 30-day §83.57 termination notice for unpaid rent instead of the 3-day notice §83.56(3) requires
Giving 15 days to end a month-to-month tenancy from an older guide — §83.57(3) now requires not less than 30 days before the end of the monthly period
Accepting partial rent after the 3-day notice without the receipt, court-registry deposit or fresh notice §83.56(5)(a) lists
Serving a cure notice for conduct the statute treats as non-curable, or skipping the cure notice for conduct §83.56(2)(b) says should be curable
Treating the notice as an eviction and changing the locks when the tenant stays — possession runs through §83.59

Where landlords get this form

These providers publish Florida-specific landlord forms and document tools, including eviction and termination notices. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.

Provider	Best described as	What to check before you buy
LawDepot	DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's eviction notice forms	Whether the Florida version is included in a free trial, subscription, or single-document price.
ezLandlordForms	Landlord-focused forms library built specifically around rentals, screening and state lease packages.	Whether you need a single form or its Florida state package, and what updates are included.
Rocket Lawyer	Document builder bundled with membership options that can include attorney Q&A services.	What the membership includes after any trial, and how cancellation works.
LegalZoom	Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents.	Whether the exact landlord form you need is offered for Florida, versus a business product.

Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.

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Frequently asked questions

How many days does a Florida 3-day notice give the tenant?: Three days after delivery of the written demand, excluding Saturday, Sunday and legal holidays — and 'legal holidays' in §83.56 means court-observed holidays only. The count runs from delivery of the notice, so the method and proof of delivery matter.
How much notice ends a Florida month-to-month tenancy?: Under §83.57(3), not less than 30 days' written notice before the end of any monthly period, given by either party. Year-to-year tenancies take 60 days, quarter-to-quarter 30 days, and week-to-week 7 days.
Can the tenant fix a lease violation instead of moving out?: For curable noncompliance, yes: §83.56(2)(b) gives the tenant 7 days from delivery of the notice to correct it. For noncompliance the statute treats as not curable, §83.56(2)(a) gives 7 days to vacate with no cure opportunity. Nonpayment is handled by the 3-day notice, not the 7-day notices.
What if the tenant stays after the notice period runs out?: The notice alone does not remove anyone. Under §83.58 the landlord may recover possession through the §83.59 process and may also recover double the rent due for the holdover period.