Florida Notice to Vacate Template: 3-Day, 7-Day and 30-Day Notices (Fla. Stat. §§ 83.56, 83.57)

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Notice to Vacate (Florida)

Landlord’s Notice under the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.56, 83.57, 83.575)

Date of notice: [Date]

To: [Full name of each tenant] and all other occupants
Premises: [Street address, unit], [City], [County] County, Florida [ZIP]

Part A. Notice of Termination of Tenancy (§§ 83.57, 83.575)

[Use to end a tenancy without a default.] You are notified that the landlord is terminating your tenancy of the premises described above. Your tenancy is (check one):

☐ month to month: this notice is given at least 30 days before the end of the monthly period (§ 83.57(3))
☐ week to week: this notice is given at least 7 days before the end of the weekly period (§ 83.57(4))
☐ quarter to quarter: this notice is given at least 30 days before the end of the quarterly period (§ 83.57(2))
☐ year to year: this notice is given at least 60 days before the end of the annual period (§ 83.57(1))
☐ a lease with a specific duration ending on [Date], which will not be renewed: this notice is given within the notice period the rental agreement requires, which is [30 to 60] days (§ 83.575(1))

Your tenancy will end on [Date, the last day of a rental period or of the lease term]. You must vacate the premises and deliver possession to the landlord by that date. If you remain in possession without the landlord’s permission after that date, the landlord may recover possession through the court and may also recover double the amount of rent due for the period you refuse to surrender possession (§ 83.58).

Part B. Three-Day Notice to Pay Rent or Deliver Possession (§ 83.56(3))

You are hereby notified that you are indebted to me in the sum of $[amount] dollars for the rent and use of the premises [address of leased premises, including county], Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the [day] day of [month], [year].

[Landlord’s name, address and phone number]

Part C. Seven-Day Notice to Cure (§ 83.56(2)(b))

You are hereby notified that [cite the noncompliance, with dates, for example an unauthorized pet, guest or vehicle, parking in an unauthorized manner, or failing to keep the premises clean and sanitary]. Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

Part D. Seven-Day Notice of Termination without Opportunity to Cure (§ 83.56(2)(a))

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because [cite the noncompliance, with dates, for example intentional destruction, damage or misuse of the landlord’s or other tenants’ property, a continued unreasonable disturbance, or a repeat of a violation within 12 months of a written warning dated [date]].

Signature

Landlord or agent: [Name] · Address: [Address] · Phone: [Phone]

Signed: ___________________________ (landlord or authorized agent) Date: __________

Certificate of Delivery (§ 83.56(4))

I delivered this notice on [Date] at [Time] by (check one):

☐ delivering a true copy to [name]
☐ mailing a copy to the tenant at [address] (proof of mailing attached)
☐ e-mailing a copy to the tenant’s designated e-mail address [e-mail] under the signed electronic-delivery addendum (§ 83.505); a copy of the e-mail and evidence of transmission are kept
☐ leaving a copy at the residence, the tenant being absent from the premises: [describe where, for example securely attached to the front door]

Delivered by: ___________________________ (name and signature)

Before You Send (Delete This Section)

  • Use one part only. Part A ends a tenancy without a default, Part B demands unpaid rent, Part C gives a chance to cure, Part D ends the lease without one. Delete the parts you do not use.

  • Count the days correctly. The 3-day period excludes Saturdays, Sundays and court-observed holidays, and the date written in the notice must reflect that. A 30-day notice should end on the last day of a rental period.

  • Demand only rent in a 3-day notice: the periodic payments for occupancy and any other payments the written lease designates as rent (§ 83.43).

  • Partial payments. If you accept partial rent after delivering a 3-day notice, give the tenant a receipt with the date, amount and agreed balance, deposit the payment in the court registry when you file, or deliver a new 3-day notice (§ 83.56(5)(a)).

  • Mailing takes time. The periods run from delivery, so allow for mail time or deliver the notice by hand.

  • Federal rules. Properties with federally backed mortgages or federal housing assistance may require a 30-day notice to vacate for nonpayment under section 4024(c) of the CARES Act.

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Florida Notice to Vacate Template: 3-Day, 7-Day and 30-Day Notices (Fla. Stat. §§ 83.56, 83.57)

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Frequently asked · Florida notice to vacate

Notice to Vacate (Florida) · 30 days month-to-month, 3-day rent notice, 7-day notices, delivery, court

Eight questions to settle before a Florida landlord serves a notice to vacate. Florida uses short statutory forms: 3 days for rent, 7 days for other violations, 30 days to end a month-to-month tenancy. The wording and the count of days matter, and state law now sets the rules for every city and county.

01 Basics

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

At least 30 days' written notice before the end of a monthly period (Fla. Stat. § 83.57(3)). A week-to-week tenancy takes 7 days before the end of a weekly period, a quarter-to-quarter tenancy 30 days, and a year-to-year tenancy 60 days before the end of the annual period.

The month-to-month period rose from 15 to 30 days in 2023 (ch. 2023-314), so older forms that say 15 days are out of date. State law does not require a reason, though a termination in retaliation for a tenant's complaint can be a defense (§ 83.64). A tenant who stays on with the landlord's permission after the rental agreement ends, without giving the § 83.57(3) notice, owes an additional month's rent (§ 83.575(3)).

02 Leases

Does a fixed-term Florida lease need a notice to vacate?

Only if the lease requires one. A lease with a specific duration may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to give notice of non-renewal, delivered under § 83.56(4), and the notice period must be between 30 and 60 days (§ 83.575(1)).

If the lease makes a tenant who leaves without notice liable for liquidated damages, the landlord must send written notice of the tenant's obligations and the termination date within 15 days before the notification period starts, listing all fees, penalties and charges (§ 83.575(2)). A tenant who holds over without permission after the lease expires can be charged double rent for the holdover period (§ 83.58).

03 Rent

What must a Florida 3-day notice say?

It must be in substantially the statutory form: the sum owed for the rent and use of the premises, the address including the county, a demand for payment of the rent or possession within 3 days (excluding Saturday, Sunday and legal holidays) from delivery, the exact deadline date, and the landlord's name, address and phone number (§ 83.56(3)).

Legal holidays here are court-observed holidays only. Demand only rent: the periodic payments for occupancy and any other payments the written lease designates as rent (§ 83.43). Part B of the template reproduces the statutory wording.

04 Partial rent

Can a Florida landlord accept partial rent after a 3-day notice?

Yes, without waiving the right to terminate, but the landlord must then give the tenant a receipt stating the date and amount received and the agreed date and balance due before filing, deposit the partial rent in the court registry when filing, or post a new 3-day notice for the new amount (§ 83.56(5)(a)).

Accepting rent with actual knowledge of a noncompliance, by contrast, waives the right to terminate for that noncompliance, though not for a later or continuing one. Different rules apply to the part of the rent paid by a government subsidy (§ 83.56(5)(c)).

05 Violations

When does a Florida landlord use a 7-day notice?

For a material failure to comply with the lease, reasonable rules or the tenant's statutory duties, other than nonpayment. A 7-day notice to cure demands that a curable violation be fixed within 7 days; a 7-day notice without opportunity to cure ends the lease and gives the tenant 7 days to leave (§ 83.56(2)(b), (a)).

Curable examples in the statute are unauthorized pets, guests or vehicles, unauthorized parking and failing to keep the premises clean and sanitary. Violations that need no chance to cure include intentional destruction, damage or misuse of property, fraudulent entry of a dwelling unit, a continued unreasonable disturbance, and a repeat of a similar violation within 12 months of a written warning. If a cured violation recurs within 12 months, an eviction case may start without another notice.

06 Delivery

How must a Florida notice to vacate be delivered?

By mailing it, delivering a true copy, e-mailing it under a signed electronic-delivery addendum, or, if the tenant is absent from the premises, leaving a copy at the residence (§ 83.56(4)). The rental agreement cannot waive these requirements.

E-mail delivery works only where both parties signed an addendum in the form set out in § 83.505 and designated e-mail addresses; the notice is deemed delivered when sent unless it is returned as undeliverable, and the sender must keep a copy and evidence of transmission. Because the periods run from delivery, handing the notice over or leaving it at the residence avoids disputes about when a mailed notice arrived.

07 Court

What happens when a Florida notice period ends?

If the tenant neither pays, cures nor leaves, the landlord files a complaint for possession in the county court where the premises are located and is entitled to the summary procedure (§ 83.59(2)). The landlord may not recover possession except through the court, a surrender or an abandonment (§ 83.59(3)).

A tenant who raises any defense other than payment, including a defective 3-day notice, must pay the accrued rent into the court registry, and the landlord must be given an opportunity to cure a deficiency in the notice before the case is dismissed (§ 83.60).

08 Local rules

Do Florida cities or counties add their own notice rules?

No. The regulation of residential tenancies, including notice requirements, is preempted to the state, and state law supersedes local regulations on matters covered by the Florida Residential Landlord and Tenant Act (§ 83.425).

Federal law can still apply: properties with federally backed mortgages or in federal housing programs may need 30 days' notice to vacate under section 4024(c) of the CARES Act, and subsidized housing has its own termination rules. Check the property's financing and program before relying on a 3-day notice.

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