A Florida 3 Day Notice to Quit is a legal eviction form written by the landlord and served to the tenant for nonpayment of rent. This notice allows the tenant to pay the rent balance due or vacate the premises within three (3) judicial days (not counting weekends or legal holidays).
When to Use a Florida 3 Day Notice to Quit
Use a 3-Day Notice to Quit to begin the eviction process in Florida if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 7 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, violated rules with too many occupants at the premises, unauthorized pets or any other violations of the lease or rules/regulations.
- 7 Day Notice to Vacate – If the tenant is involved in intentional, destructive or misuse of property, damaged property, committed an unreasonable disturbance or a repeated lease violation of subsequent or continuing noncompliance within a 12-month period.
- 15 Day Notice to Vacate – If the tenant or the landlord is terminating a month-to-month lease. This lease termination letter may also be used for tenants with no written lease that pays rent monthly or for tenants with an expired lease.
How to Write a Florida 3 Day Notice to Quit
The Florida Three (3) Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Florida 3 Day Notice to Quit
A landlord can deliver notices in Florida using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period to account for variability in post office delivery times.
- 1 FL Stat § 83.56
The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.Source Link
- 2 Florida Court Rules of Civil Procedure - Rule 6
Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).Source Link