3-Day Notice
(Commercial Eviction) (FL)


Summary

This 3-day notice may be used by a landlord in Florida to provide the statutorily required notice to a commercial tenant who is in default of the obligation to pay rent prior to filing an action for possession of the property. This template contains practical guidance and drafting notes. In Florida, prior to filing an action to evict a commercial tenant for failure to pay rent, the landlord must serve the statutorily required 3-day notice demanding payment of rent or possession of the premises within three days from the date of delivery of the notice. Fla. Stat. Ann. § 83.20(2). If the tenant cures the default by paying the past due rent, the landlord cannot bring an action for possession based on the prior default. Fla. Stat. Ann. § 83.202. For a notice for use when the tenant's default is other than the failure to pay rent, see 15-Day Notice (Commercial Eviction) (FL). For further guidance on the eviction process in Florida see Commercial Eviction (FL), Residential Eviction (FL) and Eviction Resource Kit (FL). See also, 1 Florida Commercial Landlord Tenant Law § 4.03 and 1 Florida Residential Landlord Tenant Manual § 2.01 et seq.