|
BLOG
Korte and Associates
News
GET THE LEGAL ASSISTANCE YOU REQUIRE AT THIS MOMENT
|
What to Do If You Get a 3-Day Notice in Florida
How to Respond to Your 3-Day Notice
A clear, step-by-step guide for tenants who receive a 3-day notice to pay rent or vacate.
What Is a 3-Day Notice?
A 3-day notice (sometimes called a "3-day notice to pay or vacate") is the landlord's written demand that you either pay past due rent or move out. Under Florida law, you have three days to pay or vacate before the landlord can file for eviction. If the third day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.
Step 1: Don't Panic. Read the Notice Carefully.
Check the amount claimed due, the date the notice was delivered, and whether the notice lists a specific deadline. The three-day count usually starts the day after delivery. If the notice is missing these basics, it may be defective.
Step 2: Decide How You'll Respond
You have several options when you receive a 3-day notice:
Pay in full right away: If you can, pay the full rent before the deadline and keep proof (receipt, money order, bank record).
Negotiate: Ask the landlord for a short extension or a payment plan. Get any agreement in writing.
Move out voluntarily: If you plan to leave, give a written notice of move-out and document the date you vacate.
Fight the notice: If the landlord gave the wrong amount, served the notice improperly, or the landlord failed to maintain the unit, you may have defenses. Prepare evidence (receipts, photos, messages).
Step 3: If the Landlord Files an Eviction
If the landlord files an eviction lawsuit after the 3-day period, you'll get court papers (a summons and complaint). Read them immediately. You usually have a short window to file an answer with the court. Missing that deadline can lead to a default judgment.
⚠️ Common Mistakes to Avoid
- Ignoring the notice and later missing the court response deadline
- Relying only on verbal agreements. Always get payment or extension agreements in writing
- Assuming "I'll withhold rent" is safe. Withholding rent requires following specific notice rules in Florida and can be risky without legal advice
When to Call an Attorney
You should talk to a landlord-tenant attorney if:
- The notice looks defective or incomplete
- You've been illegally harassed by your landlord
- The landlord used self-help eviction tactics (changing locks, shutting off utilities)
- You need help preparing a court response
- You have defenses but aren't sure how to present them
An attorney can protect your rights and explain options like settlement, raising defenses, or fighting the eviction in court.
Need Help With a 3-Day Notice?
Contact Korte & Associates for a consultation. We specialize in tenant rights and eviction defense throughout Florida. Don't wait until it's too late. Call us today to protect your housing and your rights.
Contact Us
Can I stop an eviction after getting a 3-day notice in Florida?
Yes. If you pay the full rent listed on the notice before the three-day deadline, your landlord can’t legally proceed with an eviction for nonpayment. Always get proof of payment.
Can my landlord give me a 3-day notice for something other than rent?
Usually, no. The 3-day notice applies only to unpaid rent. For other issues (like lease violations or damage), your landlord must use a different type of notice under Florida law.
Can I withhold rent for repairs and ignore the 3-day notice?
Not safely. Florida law has strict rules for withholding rent due to maintenance issues. You must give written notice first and follow legal steps. Otherwise, the landlord can still file for eviction.
Do I need a lawyer to respond to a 3-day notice?
While you can respond on your own, consulting an attorney is smart, especially if the landlord made a mistake, used improper service, or you believe you have defenses. Legal advice can help protect your housing.
