What is a 3-Day Eviction Notice?
A 3-Day Notice is most often served in Florida when a tenant does not pay rent, and the landlord intends to pursue eviction proceedings. Any violation of the lease terms can result in a 3-Day Notice, which demands that the tenant either rectify the problem or leave the property. Three business days are given to you for this purpose. Weekends and court holidays will not count towards the three days.
Understanding the 3-Day Eviction
Like I mentioned, a 3-Day eviction notice is typically served when a tenant has failed to pay rent on time. However, it’s not limited to payment issues alone; any violation of the lease terms might trigger this notice. For instance, unauthorized pets, subletting without permission, or causing significant damage to the property can also lead to eviction warnings.
The notice gives you exactly three business days to either rectify the issue or vacate the premises. It’s important to note that weekends and court holidays do not count towards this three-day period, business days only.
| Day | Action | What Happens |
|---|---|---|
| Day 1 | Notice Served | Tenant receives a 3-day notice for non-payment of rent |
| Days 1–3 | Response Window | Tenant can pay in full or vacate – excludes weekends and legal holidays |
| Day 4 | Deadline Ends | If no payment or move-out, landlord can file an eviction lawsuit |
| Day 5+ | Complaint Filed & Summons Issued | Court issues a summons; tenant has 5 business days to respond |
| Day 10+ | Court Review & Hearing | If tenant doesn’t respond, default judgment may occur; otherwise, a hearing is scheduled |
Don’t Wait, Take Action Immediately
If you receive a 3-Day Notice, you should immediately contact your landlord or the property management company that oversees your rental home. You must be prepared to reach an agreement if you want to stay in the house. This means catching up on the rent you owe, getting rid of a pet that is prohibited or whatever course of action is required.
1. Contact the Landlord: It’s crucial to open a line of communication early to express your intent to resolve the issue. Whether it’s arranging for overdue rent payments or discussing terms for rectifying other lease violations, clear communication can often prevent the situation from escalating.
2. Review Lease Agreement: Carefully review your lease agreement to understand the specific terms or clauses you are alleged to have violated. Knowing exactly what the lease says will help you understand whether the 3-Day Notice was rightfully served and prepare your defense or response accordingly.
3. Document Everything: From the moment you receive the eviction notice, keep a record of all communications with your landlord or property manager, including dates and times of conversations, as well as a brief summary of what was discussed. Also, keep all related documents, such as payment receipts or any correspondence regarding your tenancy. This documentation will be invaluable if you need to present your case in court or in negotiations with the landlord.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
Steps to Resolve the Dispute
Navigating a 3-Day eviction notice successfully will require taking proactive steps to address the underlying issues. Here are strategies to help you resolve the dispute and hopefully stay in your home:
Engaging in effective negotiations with your landlord can be a critical step towards resolving any disputes. Approach these discussions with a clear understanding of what you can realistically offer and what you need. For example, if the dispute is over unpaid rent, propose a reasonable payment plan that outlines how and when you will cover the overdue amount. If the issue is related to a lease violation, discuss what steps you can take to rectify the situation, such as rehoming a pet or stopping unauthorized sublets. Remember to keep these negotiations respectful and constructive; your goal is to maintain a good relationship with your landlord while resolving the issue.
If negotiations are proving difficult or if you believe that the eviction notice was issued unfairly, it may be time to seek legal assistance. Contact a local tenant’s rights group or look for legal aid services that offer free or low-cost advice to tenants. A qualified attorney can provide guidance specific to your situation, help you understand your legal rights, and represent you if the dispute escalates to court. Remember, the earlier you seek legal advice, the more options you might have available to defend against an eviction.
While you may not want to consider leaving your home, it’s important to prepare for all possible outcomes, including the possibility of an unsuccessful dispute resolution. Start looking at other housing options as a backup plan. Ensure you understand your rights regarding the return of your security deposit and request it in writing from your landlord. Additionally, gather all necessary documents and records that might help you secure a new rental, such as reference letters from previous landlords or your current employer.
What Comes Next?
If you do not reach an agreement with your landlord, or pay the rent that is owed and the three days pass, you will have to prepare yourself for an eviction. The landlord will file at the courthouse, and you will receive a court date. If the landlord prevails and your eviction is granted by a judge, you will have only a few days to move out of the property. If you want to stay in the property, it is essential to resolve any disputes you can with the landlord as soon as you receive a 3-Day Notice.
3 Day Eviction Notice FAQs
What happens if I partially pay the rent during the 3-day notice period?
Partial payment does not stop the eviction process unless the landlord accepts it in writing as full payment. If the landlord doesn’t agree to it, they can still move forward with the eviction.
Can a 3-day notice be emailed or texted to the tenant in Florida?
No. Florida law requires that a 3-day notice be delivered in person, posted on the premises, or sent via certified mail. Email or text does not meet legal delivery standards.
Do I still have to pay rent into the court registry if I plan to fight the eviction?
Yes. Even if you dispute the eviction, Florida courts require tenants to deposit the full amount of claimed rent into the court registry to contest the case. Failing to do so can result in a default judgment.
Can the landlord change the locks after the 3-day period ends?
No. Changing the locks without a court order is illegal. It’s considered a “self-help” eviction, which is prohibited in Florida and can lead to penalties against the landlord.
What if I never received the 3-day notice but was still sued for eviction?
You may have a defense. If the landlord didn’t properly serve the notice, the eviction may be dismissed. You’ll need to raise this issue in your written response to the court.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
