Florida eviction notice and late fee rules

Notice for unpaid rent

3 days — If rent is not paid when due and the default continues for 3 days, excluding Saturday, Sunday and legal holidays, after delivery of a written demand for payment or possession, the landlord may terminate the rental agreement.

Ending a month-to-month tenancy

A month-to-month tenancy may be ended by either party with not less than 30 days' notice before the end of a monthly period; a week-to-week tenancy with not less than 7 days' notice before the end of a weekly period.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is not paid when due and the default continues for 3 days, excluding Saturday, Sunday and legal holidays, after delivery of a written demand for payment or possession, the landlord may terminate the rental agreement.

“If the tenant fails to pay rent when due and the default continues for 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.”
Fla. Stat. § 83.56(3)

For this section, legal holidays are court-observed holidays only.

“Legal holidays for the purpose of this section shall be court-observed holidays only.”
Fla. Stat. § 83.56(3)

Paying to stop an eviction

Accepting partial rent does not waive the landlord's right to terminate, and the statute sets conditions the landlord must meet if partial rent is accepted after the nonpayment notice is posted.

“However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partial rent is accepted after posting the notice for nonpayment, the landlord must:”
Fla. Stat. § 83.56(5)(a)

Notice for other lease violations

For curable noncompliance, the landlord must give written notice that the lease will be terminated if the noncompliance is not corrected within 7 days from delivery.

“deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof.”
Fla. Stat. § 83.56(2)(b)

For noncompliance of a kind described in § 83.56(2)(a), the landlord may terminate and the tenant has 7 days from delivery of the notice to vacate.

“In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate”
Fla. Stat. § 83.56(2)(a)

Ending a month-to-month or other periodic tenancy

A month-to-month tenancy may be ended by either party with not less than 30 days' notice before the end of a monthly period; a week-to-week tenancy with not less than 7 days' notice before the end of a weekly period.

“(3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.”
Fla. Stat. § 83.57(3)-(4)

Just cause and good cause

The retaliation section does not apply if the landlord proves the eviction is for good cause, with examples including good-faith actions for nonpayment of rent or violation of the rental agreement or reasonable rules.

“In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of this chapter.”
Fla. Stat. § 83.64(3)

Lockouts and utility shutoffs

A landlord may not cause termination or interruption of any utility service furnished to the tenant, and may not prevent reasonable access to the unit by changing locks or using a bootlock or similar device.

“(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord. (2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.”
Fla. Stat. § 83.67(1)-(2)

A landlord who violates § 83.67 is liable for actual and consequential damages or 3 months' rent, whichever is greater, plus costs including attorney's fees.

“A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees.”
Fla. Stat. § 83.67(6)

Retaliation

It is unlawful for a landlord to discriminatorily raise rent, decrease services, or bring or threaten an action for possession primarily in retaliation against the tenant; the tenant must have acted in good faith to raise the defense.

“It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith.”
Fla. Stat. § 83.64(1)

What the notice must say and how it is delivered

Notices under § 83.56(1)-(3) are delivered by mailing, delivering a true copy, e-mailing under § 83.505, or, if the tenant is absent, leaving a copy at the residence; the notice requirements cannot be waived in the rental agreement.

“The delivery of the written notices required by subsections (1)-(3) shall be by mailing, delivering a true copy thereof, e-mailing in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1)-(3) may not be waived in the rental agreement.”
Fla. Stat. § 83.56(4)

Court deadlines and the eviction case

In summary procedure actions, the defendant's answer must be filed within 5 days after service of process.

“All defenses of law or fact shall be contained in defendant’s answer which shall be filed within 5 days after service of process.”
Fla. Stat. § 51.011(1)

Failure to pay rent into the court registry, or to move to determine the amount, within 5 days (excluding weekends and legal holidays) after service waives the tenant's defenses other than payment, and the landlord is entitled to an immediate default judgment.

“Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon.”
Fla. Stat. § 83.60(2)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Florida rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Florida have to give for unpaid rent?

If rent is not paid when due and the default continues for 3 days, excluding Saturday, Sunday and legal holidays, after delivery of a written demand for payment or possession, the landlord may terminate the rental agreement. (Fla. Stat. § 83.56(3)).

How much notice is needed to end a month-to-month tenancy in Florida?

A month-to-month tenancy may be ended by either party with not less than 30 days' notice before the end of a monthly period; a week-to-week tenancy with not less than 7 days' notice before the end of a weekly period. (Fla. Stat. § 83.57(3)-(4)).