Florida Eviction Law at a Glance
State Statute
Fla. Stat. §83.56 — Florida Residential Landlord and Tenant Act
Notice Periods
- Nonpayment: 3-Day Pay or Quit (Excluding Weekends/Holidays)
- Lease violation: 7-Day Cure or Quit
- Unconditional: 7-Day Unconditional Quit (Non-Curable Violation)
- End of tenancy: 15-Day Notice to Vacate
Available Defenses
- Habitability (Fla. Stat. §83.51)
- Retaliation (Fla. Stat. §83.64)
- Procedural defects
- Partial payment waiver
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 3 business days to pay past-due rent; 7 days to cure curable lease violations
Self-Help Eviction
PROHIBITED — Landlord must use court process (Fla. Stat. §83.67)
Court & Filing
County Court
Landlord must file eviction action in county court — tenant has 5 days to respond after service
Complaints: Florida Attorney General Consumer Protection Division
Additional Protections
- 3-day notice for nonpayment counts only business days — weekends and holidays excluded
- Self-help eviction is a misdemeanor — landlord faces criminal charges for lockouts or utility shutoffs
- Acceptance of partial rent after notice waives eviction for that period
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Florida Eviction Response FAQ
How many days do I have to respond to an eviction notice in Florida?
In Florida, the response deadline depends on the type of eviction notice: Nonpayment: 3-Day Pay or Quit (Excluding Weekends/Holidays); Lease violation: 7-Day Cure or Quit; Unconditional: 7-Day Unconditional Quit (Non-Curable Violation); End of tenancy: 15-Day Notice to Vacate. Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in Florida?
Available defenses in Florida include: Habitability (Fla. Stat. §83.51), Retaliation (Fla. Stat. §83.64), Procedural defects, Partial payment waiver, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does Florida require landlords to give tenants a right to cure?
Yes. Tenant has 3 business days to pay past-due rent; 7 days to cure curable lease violations
Can my landlord evict me without going to court in Florida?
No. Under Fla. Stat. §83.67, self-help eviction is prohibited in Florida. Your landlord must file in County Court and obtain a judgment.
What should I include in an eviction response letter in Florida?
Your letter should: (1) identify the notice by date and type, (2) cite Fla. Stat. §83.56, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in Florida?
File complaints with the Florida Attorney General Consumer Protection Division and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.