The 3-Day Notice in Florida Evictions
When a tenant in Florida falls behind on rent, the landlord must serve a 3-day notice to pay rent or deliver possession before filing an eviction case in court. This notice gives the tenant three days to pay the full amount owed or move out. If the tenant pays in full within the notice period, the landlord cannot proceed with the eviction.
The way you count those three days matters. Count them wrong, and your notice may be invalid.
Which Days Count Toward the 3-Day Period
In Florida, the 3-day notice period counts business days only. This means you do not count:
- Saturdays
- Sundays
- Court-observed legal holidays
For example, if you deliver the notice on a Monday, you count Tuesday, Wednesday, and Thursday. Friday does not count as the third day—that would be the fourth business day. The deadline is Friday.
If a legal holiday falls within the three business days, skip it and keep counting.
The Day of Delivery Does Not Count
Do not count the day you deliver the notice. Start counting from the next business day.
Example: If you hand-deliver the notice on Monday, start counting on Tuesday (day 1), Wednesday (day 2), and Thursday (day 3). The deadline is end of day Thursday.
If You Mail the Notice
If you mail the notice instead of hand-delivering it, add 5 days to the period. This gives the tenant time to receive it.
Example: You mail the notice on a Monday. Add 5 days: the notice is treated as delivered on Saturday of the same week (but Saturday is not a business day, so it rolls to Monday of the next week). Then count three more business days from that Monday. The deadline falls on Wednesday or later, depending on holidays.
This rule comes from Florida court practice, so verify it with your local court if you are unsure.
Writing the Correct Deadline in the Notice
Your 3-day notice must state a specific deadline date. You must calculate that date by counting correctly before you write and deliver the notice.
The notice should say: "on or before the _ day of _, (year)." Fill in that date by counting three business days from the day after delivery (or from five days after mailing).
If your deadline is wrong, a tenant or a judge may challenge the notice, and your eviction case could be dismissed.
Example: Hand-Delivered Notice
Scenario: You hand-deliver the notice to the tenant on Thursday, January 15.
- Do not count January 15 (day of delivery).
- Count January 16 (Friday) = Day 1
- January 17 (Saturday) = skip (not a business day)
- January 18 (Sunday) = skip (not a business day)
- January 19 (Monday) = Day 2
- January 20 (Tuesday) = Day 3
Deadline: End of day Tuesday, January 20.
Write in the notice: "on or before the 20th day of January, 2025."
Example: Mailed Notice
Scenario: You mail the notice on Thursday, January 15.
- Add 5 days: treated as delivered Saturday, January 18 (but use the next business day, Monday, January 19).
- Do not count January 19 (first day of delivery).
- Count January 20 (Monday) = Day 1
- January 21 (Tuesday) = Day 2
- January 22 (Wednesday) = Day 3
Deadline: End of day Wednesday, January 22.
Always confirm your math by checking the calendar and noting which days are business days.
What Happens If the Tenant Pays
If the tenant pays the full rent owed before the deadline, the eviction stops. You cannot file in court. If you accept partial payment or late fees after serving the notice without giving the tenant written notice that you are preserving your eviction rights, you may lose your right to evict for that nonpayment.
Check Your Lease and Local Rules
Your lease may require additional notice or have its own payment terms. Also, since 2023, Florida state law limits local governments' ability to add extra notice rules. Still, verify with your county court to make sure no local rules apply.
For step-by-step guidance on serving the notice, see EvictWeb's guide on serving notices.
When to File in Court
Once the three business days have passed and the tenant has not paid or moved, you can file an eviction lawsuit in the County Court of the county where the property is located. Learn more about how eviction works and eviction notices explained.
For Florida-specific details on the entire process, visit our Florida eviction guide.
General Information, Not Legal Advice
This post provides general information. EvictWeb is not a law firm and does not give legal advice. Florida eviction laws are specific and change. Before serving any notice, confirm the current law and consult an attorney or legal aid organization if you have questions about your case.
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