United States · Florida summary procedure and eviction
When does Florida’s three-day written demand for rent or possession expire?
Section 83.56(3) permits termination when unpaid rent remains in default for three days after the landlord’s written demand for rent or possession. Saturdays, Sundays and court-observed holidays do not count. This calculator covers that state component after established hand delivery. It does not establish permission to file or remove a tenant.
- Period
- Three days after established hand delivery, excluding Saturdays, Sundays and court-observed holidays only
- Trigger
- Actual hand delivery of the sufficient written rent-or-possession demand to the tenant
- Rule
- 2026 Florida Statutes section 83.56(3)
2026 Florida Statutes, October 1, 2026 civil and appellate compilations and July 1, 2026 general practice compilation
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Which actual event starts this Florida summary or eviction period?
Establish covered residential tenancy, unpaid rent and the sufficient written demand.
Preserve actual hand delivery, the demanded balance and the applicable court-observed holiday calendar.
Review acceptance history and all additional federal, program or court requirements before seeking possession.
2026 Florida Statutes section 83.56(3)How does Florida count this civil period?
- Establish covered residential tenancy, unpaid rent and the sufficient written demand.
- Section 83.56(3) prescribes its own method. Exclude the actual delivery day, Saturdays, Sundays and court-observed holidays. Count the next three eligible days. Do not replace this statutory method with a different Rule 2.514 holiday definition or a court-filing cutoff.
- Establish the actual holiday calendar and any applicable court directions.
- Complete the required act with the proper court or recipient.
Section 83.56(3) excludes Saturdays, Sundays and court-observed holidays only. Establish the actual court calendar, including additional observed closures. The examples assume the court observes Labor Day on September 6, 2027 and no other intervening holiday. The bundled calendar cannot establish every court closure or federal notice requirement.
2026 Florida Statutes section 83.56(3)What do the independently derived facts show?
Fictitious example
Fictitious facts. A sufficient state-only demand is actually hand delivered. The established court calendar has no additional intervening holiday. The actual event is August 2, 2027. No mail-only addition, further closure, changed court period or federal/program-specific notice requirement is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual hand delivery of the sufficient written rent-or-possession demand to the tenant | August 2, 2027 |
| Applicable period | Three days after established hand delivery, excluding Saturdays, Sundays and court-observed holidays only | August 5, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida summary or eviction qualifications change the procedure?
- The residential part has express exclusions
- Section 83.42 excludes its stated incidental institutional residence, qualifying purchase contracts, transient occupancy and other listed categories. Establish the actual tenancy and applicable part. This page does not apply every residential notice to commercial premises or an excluded occupancy.
- Each delivery method needs its own actual proof
- Section 83.56(4) permits mailing, delivering a true copy, qualifying email or leaving a copy at the residence when the tenant is absent. Drafting, dating or posting a notice does not prove every prescribed delivery branch. The rental agreement cannot waive these notice requirements.
- Landlord email delivery differs from court-document service
- Section 83.505 requires the signed voluntary addendum and designated valid addresses. Revocation and address changes become effective on delivery. A qualifying email is deemed delivered when sent unless returned undeliverable. Preserve the notice and transmission evidence. Court-document service instead uses its applicable court rules.
- Actual rent acceptance can change the termination procedure
- Section 83.56(5) addresses acceptance with actual knowledge and its partial-rent alternatives. Partial rent after posting requires the prescribed receipt, registry deposit upon filing or a new three-day notice reflecting the changed balance. Review the actual acceptance and subsidy history instead of reusing an earlier demand unchanged.
- Federal and program notice requirements are outside this state-only component
- Establish the property’s federal and subsidy status and the currently governing notice requirements separately. The HUD February 25, 2026 announcement provides administrative context. It does not establish the operative statute or regulation for this property. This calculation assumes no additional federal or program-specific notice requirement.
- Notice expiry does not establish actual removal
- Section 83.59(3) specifies the grounds for recovering possession. Its court branch requires a judgment in the stated civil action. Expiration of a landlord notice alone does not establish that judgment, a completed writ or lawful physical removal.
- The prescribed demand needs actual contents and continued default
- Section 83.56(3) requires the stated rent-or-possession demand in substantially the prescribed form, including the amount, premises and deadline. Establish unpaid rent and continued default. A date alone does not establish a sufficient balance, notice or termination.
- This page does not establish valid notice, valid process, claim or defense sufficiency, rent amounts, automatic possession or a stay.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida summary or eviction act
When does Florida’s three-day written demand for rent or possession expire?
Which holidays are excluded from these three days?
Section 83.56(3) limits legal holidays to court-observed holidays. Preserve the actual court calendar and any additional observed closure.
2026 Florida Statutes section 83.56(3)Does mailing use the same actual event as hand delivery?
Section 83.56(4) permits different delivery methods. This calculator assumes established hand delivery and does not determine the mail-delivery event or added time.
2026 Florida Statutes section 83.56(4)Does the calculated date itself authorize removing the tenant?
Section 83.59(3) specifies possession grounds. A landlord notice alone does not establish the required court judgment or a completed removal.
2026 Florida Statutes section 83.59(3)Official Florida summary or eviction sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 83.56(3) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 83.42 | The residential part has express exclusions |
| 2026 Florida Statutes section 83.56(4) | Each delivery method needs its own actual proof |
| 2026 Florida Statutes section 83.505(1)–(6) | Landlord email delivery differs from court-document service |
| 2026 Florida Statutes section 83.56(5)(a)–(c) | Actual rent acceptance can change the termination procedure |
| HUD notice-policy announcement, February 25, 2026 | Federal and program notice requirements are outside this state-only component |
| 2026 Florida Statutes section 83.59(1)–(3) | Notice expiry does not establish actual removal |
| 2026 Florida Statutes section 83.56(3) | The prescribed demand needs actual contents and continued default |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.080(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |