Florida 3 Day Notice to Pay Rent

Serving the tenant with an eviction notice is the first step in the eviction process. The eviction notice required in Florida for non-payment of rent is this 3 Day Notice.

If your tenant fails to pay the rent, serve this eviction notice on them immediately. After three days, if the renter has still failed to either pay the owed rent or vacate, the landlord may file in court for an eviction motion. The court then sets a date for a hearing several weeks (or even months) later, and the landlord or his/her agent must appear to explain to the judge why they have filed for eviction. Landlords should be prepared to offer evidence if any exists, that the tenant has failed to pay the rent.

The tenant may or may not bother to appear in court at the hearing. Unless the tenant offers compelling evidence that they did, in fact, pay the rent, the judge then allows the landlord to schedule an eviction date (also known as a put-out date). Usually, this date is several weeks or months after the hearing date.

As you've probably noticed, the eviction process is lengthy and gives the renter ample time to pay the back rent or vacate. Landlords should serve this Florida 3 Day Notice to Pay Rent on the same day that the rent becomes late. The eviction process takes long enough as it is, without the landlord adding to the months that the tenant can live rent-free in the property.

Like all states, Florida does not allow "self-help" or "do-it-yourself" evictions. Landlords should never, ever change the locks on occupied rental properties without going through the legal eviction process. Landlords and property managers cannot remove renters' personal belongings, threaten harm, intimidate or otherwise illegally pressure renters to pay rent or vacate. Plenty of landlords have been arrested for such antics, or sued for hundreds of thousands of dollars

Here's a quick overview of the Florida 3 Day Notice to Pay Rent:

Who: Give this to the tenant who falls behind in rent beyond any grace period, if applicable.

What: This is the 3 Day notice required before a landlord may initiate court proceedings.

When: Serve this on the tenant three (3) days before initiating court proceedings.

Florida State Specific Documents

• Florida Landlord-Tenant Brochure (Chapter 83 Part II): This brochure was developed by the Florida Department of Agriculture and Consumer Services to answer frequently asked questions regarding landlord/tenant law.
• Florida 3-Day Notice to Pay Rent: In FL, a 3-day notice must be served before initiating eviction proceedings.
• Florida 7-Day Notice of Noncompliance: This form is used to give a Tenant 7 days to cure a Lease violation.
• Florida 7-Day Notice to Vacate: This form is used when a Tenant breaks the Lease and there is no option for the Tenant to cure the defect.
• Florida Complaint for Eviction and Damages: If a Tenant does not comply after a 3 and 7-Day Notice, Landlords can use this form to initiate eviction proceedings.
• Florida Notice of Right to Reclaim Abandoned Property (less than $500): This form notifies the tenant that they have abandoned property remaining in the rental unit. This notice is used when the property is valued under $500.
• FL Notice to Reclaim Abandoned Property ($500 or more): This form is used if a former tenant has left personal belongings in the rental unit after vacating. The value of such items is estimated to be $500 or more.
• Florida Notice to Impose a Claim on the Security Deposit: This form must be used whenever Landlords withhold a portion of the Tenant’s security deposit.

State-Specific Forms