Tenant Options In Florida When Served With A Three-Day Notice

What happens next is determined by the tenant’s reaction to the three-day notice:

If the tenant pays the rent within three days, the landlord is not allowed to proceed with the eviction (see Fla. Stat. Ann. 83-56(5)). If the tenant fails to pay rent in the future, the landlord must begin the eviction process all over again.

(5) If the landlord accepts rent with actual knowledge of noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes shall comply with the provisions in s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but shall enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2). This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, the waiver will occur if an action has not been instituted within 45 days of the noncompliance.

If a tenant fails to pay the rent but leaves within three days, the landlord may use the tenant’s security deposit (if any) to cover the unpaid rent. If the security deposit does not cover the full amount of rent owed, including late fees, the landlord may sue the tenant for the amount still owed. Florida Statute Ann. 83-49 specifies how the landlord must use the security deposit and how to properly notify the tenant of its use.

If the tenant does not pay the full rent within three days and does not vacate the property, the landlord may file a summons and complaint in county court to obtain possession of the property (see Fla. Stat. Ann. 83-59).