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Where a three day notice is mailed to the tenant, or requires payment to a PO Box, or payment is to be sent out of the county in which the leased premises is located, five additional days must be added to the due date on the 3 day notice. The five additional days for mailing may count weekends and holidays as part of the five days, unless the fifth day falls on a weekend or holiday, in which case the due date shall be the next business day. NGUYEN vs. BROWN, County Court, 3rd Judicial Circuit in and for Columbia County, Civil Division. Case No. 08-442-CC. April 15, 2008. 15 Fla. L. Weekly Supp. 710a.
Florida Landlord-Tenant Law 
Hi, new tenants moved into my first floor condo. They’ve been there three weeks now and want to break their lease. Owner above makes a racket by vacuuming, showering, pacing back and forth, and lifting weights between the hours of 12am and 5am. I’ve received text messages from the tenants that they as well as their two little boys cannot sleep during those hours. I’ve already spoken to the neighbor, he told me he’d be more respectful. Received another text message at 4:12am this morning from tenants regarding noise. Do you know of any rule or law that could help us? I really appreciate any suggestions!!!
You should issue the offending tenant a 7 day notice of to cure lease violation of disturbing the neighbors. You can get the form on the forms tab at the top of the page. then if it happens again after the 7 days, you can evict.
Hi Alexander! Thanks for your response, but I guess I didn’t make it clear that the offender is an owner and not a tenant, therefore I cannot post a seven day notice…wish I could! Isn’t there something somewhere that states anyone (tenant or owner) owes to other’s around them quiet enjoyment?
If you are mailing the notice out of the county to the tenant and the payment is to be mailed back to you, again out of the county of the tenant, do you need to add 5 days for each way of mailing time, or just 1 – 5day period plus the 3 day (non weekends or holidays) period?
Yes, allow five days for the delivery, and add five days to the due date for the response.
Thank you. I have another question regarding this notice, though it is not about the mailing time, now that you have assisted me with that issue.
The tenant is a section 8 tenant where the housing authority pays a portion and the tenant has a portion. When completing the 3 day notice, would you list the total rent portion as per the lease agreement and then list the sum that they are indebted as the portion the tenant is behind on?
I am wondering if I need to actually break down the rental portions of who pays what on the 3 day notice or not? Also, with the new law regarding accepting partial payments, would the housing authorities portion be considered a partial payment that would need to be paid to the court registers office when filing for the eviction?
Finally, I had already sent a notice only allotting the 5 days instead of 10, so can I send a corrected 3 day notice out with new due dates or would that be considered an improper 3 day notice.
Thank you for this wonderful site and all the assistance.
You only put the tenant’s portion on the 3 day. You may continue to accept the section 8 payments until the tenancy is terminated. The requirement to post partial payment to the court registry does not apply to the section 8 payments. You may replace a defective notice with a corrected notice.
Thank you!
Are you sure about providing for an additional 5 days for delivery when mailing the 3 day notice from outside the county?