Notices in Florida Landlord-Tenant Law: What Landlords and Rental Property Managers Need to Know

Notices play a critical role in Florida landlord/tenant relationships. Whether a landlord is demanding unpaid rent, addressing a lease violation, terminating a tenancy, or communicating important information to a tenant, Florida law often requires specific notices to be provided in a particular manner and within certain timeframes.

Failure to properly prepare or serve a required notice can delay enforcement efforts, jeopardize an eviction action, along with creating unnecessary and costly legal disputes.

Must Tenant Notices Be in Writing?

Florida’s Residential Landlord and Tenant Act requires certain notices to be provided in writing before a landlord can exercise specific rights or pursue certain remedies. Importantly, notice requirements often apply even when the rental agreement itself is oral rather than written.

Because disputes frequently arise regarding what was communicated and when, written notices provide important documentation for both landlords and tenants. Landlords should retain copies of all notices, correspondence, emails, and delivery confirmations relating to the tenancy.

Can Tenant Notices Be Sent by Email?

Section 83.505 of the Florida Statutes permits landlords and tenants to deliver notices by email if the parties have signed a separate addendum authorizing electronic notice and have designated valid email addresses for receiving notices. You can review the statute here: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.505.html

Without the required written agreement, landlords should not assume that email delivery alone satisfies Florida’s notice requirements. Because the statute contains specific requirements regarding electronic delivery, landlords should carefully review the law with an experienced Floria landlord attorney before relying exclusively on email notices.

What Is a Three-Day Notice?

The Three-Day Notice is one of the most commonly used notices in Florida landlord/tenant law.Under Section 83.56(3) of the Florida Statutes, a landlord may serve a Three-Day Notice when a tenant fails to pay rent when due.

The notice informs the tenant that they must either:

• Pay the rent owed within three business days or
• Vacate the premises

A properly drafted Three-Day Notice is critical because defects in the notice can delay or invalidate a subsequent eviction action. Generally, the notice may demand only rent that is currently due and owing at the time the notice is served. The notice generally should not include future rent, late fees, utility charges, and other fees.

What Is a Seven-Day Notice?

Not all landlord-tenant disputes involve unpaid rent. When a tenant violates the lease or fails to comply with certain statutory obligations, Florida law often requires a Seven-Day Notice to Cure before further enforcement action can be taken. Examples may include:

• Unauthorized occupants
• Failure to maintain the premises
• Improper conduct by tenants or guests
• Other curable lease violations

The notice generally identifies the violation and provides the tenant with seven days to correct the issue. If the violation is cured within the applicable timeframe, the tenancy may continue. However, certain serious violations may allow a landlord to terminate the tenancy without providing the tenant an opportunity to correct the conduct.

Because Florida law distinguishes between curable and non-curable violations, landlords should carefully evaluate the circumstances with an experienced Floria landlord attorney before serving notice.

What About Notices to Terminate a Tenancy?

Florida law also requires notice when terminating certain periodic tenancies. These notices are often confused with eviction notices, but they serve a different purpose. Rather than addressing a lease violation, they simply inform the tenant that the tenancy will end on a specified date.

Section 83.57 of the Florida Statutes establishes minimum notice periods for terminating non-renewing periodic tenancies. Examples include:

• Seven days for week-to-week tenancies
• Fifteen days for month-to-month tenancies
• Thirty days for quarter-to-quarter tenancies
• Sixty days for year-to-year tenancies

Best Practices for Florida Landlords and Rental Property Managers

Proper notice procedures often form the foundation of successful lease enforcement and eviction actions. To reduce costly disputes, landlords and property managers should consider:

• Using written notices whenever possible
• Maintaining copies of all notices served
• Tracking delivery dates carefully
• Reviewing statutory notice requirements before taking action
• Using the correct notice for the specific issue involved
• Consulting with an experienced Florida landlord attorney when questions arise

Legal Resource

Florida landlord-tenant law contains numerous notice requirements that apply to nonpayment of rent, lease violations, tenancy terminations, and other common situations. Because each notice serves a different legal purpose and may contain specific statutory requirements, using the wrong notice or serving it improperly can delay enforcement efforts and create unnecessary, costly legal complications.

Landlords and rental property managers should seek guidance from an experienced Florida landlord attorney when questions arise regarding notice compliance or enforcement.

Questions about notices, security deposits, leases, evictions, tenant disputes, and other landlord legal issues? Our experienced Florida landlord/tenant attorneys are here to help.

Call KSN toll-free at 855-537-0500 or visit www.ksnlaw.com/landlord-and-tenant

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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