A three-day notice is a prerequisite to evict a tenant or recover past due rent. If the tenant fails to pay rent when due and the default continues for three (3) days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays are court-observed holidays only. Section 83.56, Florida Statutes (2018).
The delivery of the three-day notice must be by mailing or delivery or, if the tenant is absent from the premises, by leaving a copy at the residence. This notice requirement cannot be waived in the lease. Three-day notices cannot be sent as an email or text message.
Our law firm routinely represents landlords in eviction proceedings throughout the state of Florida. We offer flat rates (plus expenses) for uncontested evictions for possession. Please call (407) 862-9449, email abigail@edelsteinlawoffice.com, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to discuss your matter.