Florida 3-Day Notice for Unpaid Rent: How the Days Are Counted

The rule in plain words

If a tenant does not pay rent when due, and the nonpayment continues for 3 days after the landlord delivers a written demand for the rent or possession of the home, the landlord may terminate the rental agreement. Saturdays, Sundays and legal holidays do not count, and for this rule legal holidays means court-observed holidays only.

Source: Fla. Stat. § 83.56(3) · Checked Nov 3, 2026

How to count the 3 days

• Skip Saturdays, Sundays and court-observed holidays.
• The statute does not say whether the day you deliver the notice counts as day 1. Our Starter Pack guide and date counter do not count it, which gives the tenant the most time. If the exact day matters to you, ask an attorney.

Source: Fla. Stat. § 83.56(3) · Checked Nov 3, 2026

What the notice has to say

The statute gives a form and says the notice shall contain a statement in substantially that form. In short, it must say:

• the tenant owes a stated amount of rent, for the premises at a stated address (including the county);
• the landlord demands payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday and legal holidays) from the date of delivery;
• the date it must be paid by, and the landlord's name, address and phone number.

The full statutory wording is in the free Starter Pack.

Source: Fla. Stat. § 83.56(3) · Checked Nov 3, 2026

How to deliver it

Florida allows these ways to deliver the notice:

• mailing it;
• delivering a true copy to the tenant;
• leaving a copy at the residence if the tenant is absent;
• emailing it, only if both of you signed the separate email-notice addendum in § 83.505 and gave valid email addresses. Keep a copy of the email and proof it was sent.

A lease cannot waive these notice requirements.

Source: Fla. Stat. § 83.56(4) · Fla. Stat. § 83.505 · Checked Nov 3, 2026

If you accept partial rent after posting the notice

Accepting partial rent does not waive your right to end the tenancy. But if you take partial rent after the nonpayment notice is posted, you must do one of these:

1. give the tenant a receipt that states the date and amount received and the agreed date and balance of rent due, before you file for possession; or
2. put the partial rent in the court registry when you file; or
3. post a new 3-day notice for the new, lower amount.

Separately, accepting rent with actual knowledge of a noncompliance (other than by taking only partial rent for the period) waives the right to terminate for that noncompliance, but not for later or continuing ones.

Source: Fla. Stat. § 83.56(5)(a) · Checked Nov 3, 2026

What happens next

• If the tenant does not pay or leave, the landlord may file a complaint for possession in the county court of the county where the home is (§ 83.59).
• A tenant who defends the case on any ground other than payment must pay the rent claimed into the court registry, and the rent that comes due while the case runs. If the tenant does not pay it in, or file a motion about the amount, within 5 days (excluding weekends and legal holidays) after being served, the tenant gives up those defenses and the landlord can ask for an immediate default judgment (§ 83.60(2)).
• Only the court process can remove a tenant. A landlord may not shut off utilities or services, change the locks or block access, or remove the tenant's belongings to force a tenant out. A landlord who does so owes the greater of the tenant's actual damages or 3 months' rent, plus costs and attorney fees (§ 83.67).

Source: Fla. Stat. § 83.59 · Fla. Stat. § 83.60(2) · Fla. Stat. § 83.67 · Checked Nov 3, 2026

Common mistakes

• Counting Saturdays, Sundays or ordinary (non-court) holidays.
• Emailing the notice without the signed email-notice addendum.
• Taking partial rent and doing none of the three things above.
• Locking the tenant out or shutting off utilities while the notice runs.

Related

• Free Florida Landlord Starter Pack: the plain-language guide, the statute's fill-in form and a 3-day notice date counter
• Florida landlord-tenant law: deposits, notices and more, with statute citations
• Florida eviction cost by county
• Rent late fee calculator and Rent Roll & Payment Tracker, $12
• Florida lease agreement template