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Easler Law PLLC 321-206-3603
Real Estate
Andrew David Easler, Esq. Published October 27, 2026

What Must a Florida 3 Day Notice for Unpaid Rent Include?


Section 83.56(3), Florida Statutes, allows a landlord to terminate a residential rental agreement when rent is unpaid and the default continues for 3 days after delivery of a written demand for payment of the rent or possession of the premises. The 3 days exclude Saturday, Sunday and legal holidays, and the statute limits legal holidays to court observed holidays.

The statute sets out a form that the notice must substantially follow. The notice states the amount owed for rent and use of the premises, the address of the rental including the county, and a demand for payment of the rent or possession within 3 days, excluding weekends and legal holidays. It also gives the deadline date and the landlord's name, address and phone number.

Section 83.56(4) lists the ways to deliver the notice. It may be mailed, delivered as a true copy, emailed in accordance with section 83.505, or left at the residence if the tenant is absent. A rental agreement cannot waive these notice requirements.

Partial payments follow their own rule. Under section 83.56(5)(a), a landlord who accepts partial rent after posting the notice must do one of three things: provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession, place the partial rent in the court registry upon filing, or post a new 3 day notice for the new amount.

When the default continues past the notice period, the landlord may terminate the rental agreement and seek possession in court. A tenant who raises any defense other than payment must pay the accrued rent into the court registry under section 83.60(2). The later court steps are covered in the eviction timeline. The Brevard County Clerk of Court posts eviction forms, including a 3 day notice form.

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.

References

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