AI Florida Eviction Notice

Florida Eviction Notice - Notice Type Selector

Florida Statutes §83.56 requires a landlord to serve written notice before filing an action for possession (unlawful detainer) in county court. The type of notice depends on the nature of the tenant's breach or the desire to terminate a periodic tenancy. Self-help evictions (changing locks, shutting off utilities, removing belongings) are prohibited.

Notice Type Reference Table

> Critical: This notice is a statutory prerequisite. It does not evict the tenant. Only a county court judgment for possession and subsequent writ of possession can lawfully remove a tenant. Filing fees, court costs, and attorney fees may be recoverable depending on lease and outcome.

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NOTICE TYPE A - 3-Day Notice to Pay Rent or Quit *(Nonpayment of Rent - Fla. Stat. §83.56(2))*

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3-DAY NOTICE TO PAY RENT OR QUIT

STATE OF FLORIDA
COUNTY OF [[County]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
AND ALL OTHER OCCUPANTS
Premises: [[Rental Property Full Street Address]], [[City]], Florida [[ZIP Code]]

FROM (Landlord / Authorized Agent):
[[Landlord or Agent Full Name]]
[[Landlord Mailing Address]]
[[City]], Florida [[ZIP Code]]
Phone: [[Landlord Phone]]
Email: [[Landlord Email]]

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NOTICE OF NONPAYMENT AND DEMAND

You are hereby notified that you are in default of your rental agreement for failure to pay rent when due for the Premises described above.

Pursuant to Florida Statutes §83.56(2), you are required to pay the rent owed or deliver possession of the Premises to the landlord within THREE (3) DAYS (excluding Saturdays, Sundays, and legal holidays) after service of this notice.

Itemized Rent Owed (Rent Only - Late Fees and Other Charges Excluded):

1. Rent for the period [[Period 1, e.g. June 1 - 30, 2026]]: $[[Rent Amount 1]]
2. Rent for the period [[Period 2 if applicable]]: $[[Rent Amount 2]]

Total Rent Demanded: $[[Total Rent Owed]]

Payment Instructions: Pay the total rent demanded to [[Landlord or Agent Name]] by [[cash / cashier's check / money order / electronic means specified]] at [[Payment Location or Address / Online Portal]].

Deadline: You must pay in full or vacate by [[Deadline Date - 3 business days after service, excluding weekends/holidays]].

If you fail to pay the rent in full or vacate the Premises within the three-day period (excluding weekends and legal holidays), the landlord will terminate the rental agreement and file an eviction action (complaint for possession) in the County Court of [[County]] County, Florida, seeking a judgment for possession, unpaid rent, court costs, and such other relief as the court deems proper.

Florida Law Note: This notice demands rent only. Late fees, attorney fees, or other charges may not be included in the amount demanded for a pay-or-quit notice. Acceptance of partial rent after service may affect rights; consult counsel.

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PROOF OF SERVICE (to be completed by server)

I certify that on [[Date Served]], at approximately [[Time]], I served a true copy of this 3-Day Notice to Pay Rent or Quit upon the tenant(s) named above by the method indicated:

• [ ] Personal delivery to [[Tenant Name]] at the Premises.
• [ ] Leaving a copy at the Premises with a person of suitable age and discretion residing therein and mailing a copy by first-class mail.
• [ ] Posting a copy in a conspicuous place on the Premises and mailing a copy by first-class or certified mail.
• [ ] Certified mail, return receipt requested (mailed [[Date Mailed]]).

Server Name: [[Server Full Name]]
Server Signature: _______________________________
Date: [[Service Completion Date]]

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NOTICE TYPE B - 7-Day Notice to Cure or Quit *(Curable Non-Monetary Breach - Fla. Stat. §83.56(2))*

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7-DAY NOTICE TO CURE OR QUIT

STATE OF FLORIDA
COUNTY OF [[County]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
Premises: [[Rental Property Full Street Address]], [[City]], Florida [[ZIP Code]]

FROM: [[Landlord or Agent Full Name]]
[[Landlord Mailing Address]], [[City]], Florida [[ZIP Code]]

You are in breach of the rental agreement dated [[Lease Date]] for the Premises by reason of the following curable violation(s):

1. [[Describe specific breach, e.g., "Keeping an unauthorized pet (dog) on the Premises in violation of paragraph X of the lease."]]
2. [[Additional breach if multiple]]

Pursuant to Florida Statutes §83.56(2), you have SEVEN (7) DAYS from receipt of this notice to cure the violation(s) described above. To cure, you must:

1. [[Specific cure action, e.g., "Remove the unauthorized pet permanently from the Premises and provide written confirmation no later than [date]."]]
2. [[Repair any damage caused, if applicable]]

If you fail to cure the violation(s) within seven days or if you vacate, this notice shall serve as notice of termination of the tenancy. If the violation is not cured and you remain in possession, the landlord will commence an eviction action in county court.

Deadline to Cure: [[Deadline Date - 7 days after service]]

Landlord / Agent Signature: ______________________________ Date: _________

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NOTICE TYPE C - 7-Day Unconditional Quit Notice *(Incurable Breach or Repeat Violation - Fla. Stat. §83.56(2))*

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7-DAY NOTICE OF TERMINATION (UNCONDITIONAL QUIT)

You are in breach of the rental agreement for the Premises by reason of:

[[Describe incurable breach or repeat violation, e.g., "Intentional damage to the property / repeated failure to cure prior breach of same nature within the past 12 months."]]

This breach is not capable of being cured or constitutes a repeat violation for which you previously received a 7-day cure notice within the preceding twelve (12) months.

Pursuant to Florida Statutes §83.56(2), your tenancy is terminated effective SEVEN (7) DAYS after service of this notice. You must vacate and surrender possession of the Premises on or before [[Deadline Date]].

If you fail to vacate, the landlord will file an eviction action without further notice.

Landlord / Agent Signature: ______________________________ Date: _________

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NOTICE TYPE D - 15-Day Notice of Termination (Month-to-Month) *(No-Cause Termination - Fla. Stat. §83.57(1))*

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15-DAY NOTICE OF TERMINATION OF TENANCY

This notice is given to terminate your month-to-month tenancy at the Premises.

Pursuant to Florida Statutes §83.57(1), the party giving this notice must provide at least fifteen (15) days' written notice prior to the end of any monthly rental period.

Effective Termination Date: [[End of Monthly Period Date, e.g., July 31, 2026]]

You are required to vacate and surrender the Premises on or before the effective termination date.

If you remain after that date without the landlord's written consent, you will be a holdover tenant and the landlord may pursue eviction and damages.

Landlord / Tenant Signature: ______________________________ Date: _________

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General Instructions for Service (Fla. Stat. §83.56 and §83.57)

A notice is deemed properly served if delivered by any of the following methods:

1. By delivering a copy to the tenant personally.
2. By leaving a copy at the tenant's usual place of abode with some person of suitable age and discretion residing therein and thereafter mailing a copy by first-class mail.
3. By posting a copy in a conspicuous place on the rented premises and thereafter mailing a copy by first-class or certified mail to the tenant at the address of the rented premises.
4. By sending a copy by certified mail, return receipt requested.

Note on Timing: For the 3-day pay-or-quit, the three days exclude Saturdays, Sundays, and legal holidays. For all notices, the day of service is generally not counted; the full period runs from the next day.

Pre-Filing Checklist Before Court Action

1. Confirm correct notice type was used and all statutory language is present.
2. Verify rent-only demand (no late fees) for pay-or-quit.
3. Confirm service was completed by an allowed method and documented.
4. Ensure any cure period has fully expired.
5. Prepare complaint, summons, and supporting evidence (lease, ledgers, photos, prior notices).
6. File in the county court where the property is located.
7. Pay filing fees (recoverable in some cases).
8. Arrange for process server or sheriff to serve the tenant with the summons and complaint.

Tenant Protections and Notes

• Domestic violence: Tenants who are victims may have early termination rights under Fla. Stat. §83.575 and related provisions upon proper documentation.
• Servicemembers: SCRA (50 U.S.C. §3951 et seq.) may provide additional protections and require notice to court.
• Retaliation prohibited: Landlords may not retaliate for tenant complaints about habitability or exercise of legal rights (Fla. Stat. §83.64).
• This document is a template only.

Sources: Florida Statutes §§83.56, 83.57 (as of June 2026). Verify current text on leg.state.fl.us or official publications before use. Court filing is required to obtain a writ of possession; this notice alone does not authorize removal of the tenant.

> Template example - not professional (legal/financial/medical) advice. Figures, periods, and procedures must be verified against current Florida Statutes and local court rules. All user inputs appear as [[merge fields]]. Consult a Florida-licensed attorney before serving or filing.