Jul 28, 2025
What Is a 3‑Day Eviction Notice in Florida?
A 3‑day notice is used when a tenant hasn’t paid rent. It gives the tenant exactly three business days (excluding weekends and legal holidays) to either:
Pay the full rent owed, or
Move out of the rental unit.
If the tenant doesn’t comply by the deadline, the landlord can legally proceed with an eviction lawsuit under Florida Statute § 83.56(3).
Timeline: What Happens After a 3‑Day Notice?
Day 1 – Notice is served or posted
Days 1–3 – Tenant must pay or vacate (business days only)
Day 4 (or later) – If no action, landlord may file for eviction in court
After the 3‑Day Window
Landlord files Complaint & Summons with the county court, attaching a copy of the 3‑day notice.
The tenant has been officially served with the lawsuit documents—either in person, by posting, or by mail, as required by statute.
Tenant has five business days (excluding weekends and holidays) to file an Answer with the court and, if agreeing to the rent owed, deposit that amount into the Court Registry.
Court Process & Hearing
If the tenant fails to respond, the landlord may request a default judgment soon after the 5-day deadline.
If the tenant responds, the court may schedule mediation or a hearing, usually within a few days to a week after filing.
Writ of Possession & Lockout
If the landlord wins, the judge grants a Final Judgment of Eviction and issues a Writ of Possession.
Once served, tenants typically have 24 hours to vacate (unless a stay is ordered). After that, the sheriff can physically remove belongings, change locks, and return possession to the landlord.
Curious how this compares to a longer lease termination? Here’s what a 30-day notice means in Florida.
How Much Time Do You Have After Eviction?
3 business days to comply with the notice (rent or vacate), not counting weekends or holidays
5 business days to respond to the eviction complaint in court after being served
24 hours to move out after a writ of possession is served by the sheriff
In total, the legal process from notice to lockout typically takes about 2 to 4 weeks, depending on court schedules and response timing.
What Tenants Need to Do
Act immediately: If you can pay, do so within the three‑day window.
Send an Answer within five business days if served with court papers—file it with the clerk and pay into the court registry if you agree with the debt.
Consider a Motion to Determine Rent if you think you owe less than what's claimed.
Attend mediation or a hearing, either in person or online. Missing your hearing often leads to eviction by default.
Prepare to move within 24 hours of an eviction order.
Understand your rights: Illegal lockouts, like changing locks or cutting utilities, are against Florida law and can allow tenants to seek treble damages (up to three times the monthly rent)
What Landlords Must Do
The notice must include the exact rental amount due, the deadline, and the property’s address.
Deliver correctly by hand, certified mail (with tracking), or by posting to ensure legal validity
File on time: If the tenant doesn’t comply, you can file your eviction complaint after the three‑day window. Include copies of the notice and lease.
Serve the complaint properly, often via a sheriff or certified process server, and then wait for the tenant’s 5-day response period.
Secure a court judgment, then request a writ of possession if the tenant doesn’t leave. Once issued, the sheriff enforces the eviction within 24 hours.
FAQs
Q: Are weekends included in the 3‑day deadline?
A: No, only business days count. Holidays and weekends do not
Q: Can I stop the eviction after receiving the notice?
A: Yes, by paying everything owed within the three business days or disputing it in court via a response or motion.
Q: What if I file a payment plan in court?
A: If the judge allows payment into the court registry and sets mediation, that may delay or halt eviction, depending on the agreement outcomes.
Q: What if the landlord locks me out illegally?
A: That’s considered an illegal eviction. You may have the right to sue for damages up to three times your monthly rent.
✅ Takeaway: How Eviction Assistant Can Help
The Eviction Assistant (by Goat Answer) is a free AI-powered tool that helps tenants and landlords navigate this process:
Tenants get guidance on deadlines, how and when to respond, and defensive options they might have.
Landlords get checklists on proper notice content, filing steps, and how to avoid legal missteps.
The tool's plain-language feedback helps reduce confusion and stress for anyone navigating the eviction process.
🚀 What to Do Next
Use the Eviction Assistant now to get tailored guidance for your situation.
For tenants: input your role and ask, “I got a 3‑day notice, what are my next steps?”
For landlords: ask “How do I serve a legally valid 3‑day notice and file after?”
With clear, specific advice tailored to your situation, and without legal jargon, the Eviction Assistant can be your first step toward taking control of the process.