Florida Residential Landlord and Tenant Act - Proper Notice for Eviction

Summary

Outlines specific notice requirements (e.g., 3-day for non-payment, 7-day for curable lease violations) before a landlord can file an eviction lawsuit.

Rights & Rules

01.
For non-payment of rent, a landlord must provide a written 3-day notice, excluding weekends and holidays, giving the tenant time to pay the rent or vacate.
02.
For lease violations that can be remedied (e.g., unauthorized pet), the landlord must provide a 7-day notice allowing the tenant to fix the violation to avoid eviction.

Penalties

01.
An eviction lawsuit filed by a landlord who failed to provide the correct notice, or who provided insufficient notice, will be dismissed by the court.
02.
Tenants may recover court costs and attorney's fees if the landlord's eviction action is dismissed due to improper notice.

Verified Citations

Florida Statute § 83.56 (Termination of rental agreement)

Source

"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."