If a tenant does not pay rent in Florida, then a landlord can evict the tenant from the rental unit. A tenant will have three days after receiving the eviction notice to either pay the rent or leave the property.
Rent Due Dates
Rent is generally due on the first day of every month, including weekends and holidays, unless a different date is specified in the lease or rental agreement. Some landlords may agree in the lease or rental agreement that rent will be due on the next business day if the due date falls on a weekend or holiday.
Timing of Eviction Notices for Failure to Pay Rent in Florida
If a tenant fails to pay rent on time, then the landlord can give the tenant a three-day notice for failure to pay rent, or a notice similarly named. The tenant then has three days to pay the rent or leave the rental property. The three days begins on the date the notice is delivered to the tenant. Weekends and legal holidays are not included in this three-day time period (see Fla. Stat. Ann. § 83-56(3)). This means that if rent is due on a Thursday and the landlord gives the tenant the three-day notice for failure to pay rent the next day (Friday), then the tenant would have until the following Wednesday to either pay rent or move out of the rental unit.
Information Included in Florida Three-Day Notices
In Florida, the three-day notice for failure to pay rent must be written and include the following statement:
"You are hereby notified that you are indebted to me in the sum of ___ 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 of ___ , (year).
(landlord’s name, address and phone number)."
This statement comes directly from the Florida state law governing three-day notices to evict tenants and must be included in the eviction notice given to the tenant (see Fla. Stat. Ann. § 83-56(3)).
It is best for the three-day notice to include the following information as well:
date the notice was served on the tenant(s)
an ultimatum that the landlord may pursue legal action (an eviction lawsuit) if the tenant does pay the rent or move, and
a statement specifying how the notice was given to the tenant, either by actually giving the notice to the tenant or mailing the notice.
A sample three-day notice for failure to pay rent can be found at the Florida State Bar website.