A Florida 7 Day Notice To Terminate Tenancy s a letter that complies with state legal requirements to end a week-to-week tenancy. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
When To Use a Florida 7 Day Notice To Terminate Tenancy
A Florida 7 Day Notice to Terminate Tenancy ends a week-to-week rental arrangement in accordance with state law, including a situation with no written lease where the tenant pays rent weekly.
Some types of Florida lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Florida 7 Day Notice To Terminate Tenancy
To help ensure the legal compliance of a Notice To Terminate Tenancy:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Florida 7 Day Notice To Terminate Tenancy
Florida law is not specific on means for delivery of a Notice To Terminate Tenancy, so landlords and tenants may use any method which makes the other party actually aware of such a notice. The following methods, used in eviction and noncompliance contexts, represent the legal gold standard for the state:
- Hand delivery to the other party
- If hand delivery fails: Leaving a copy of the notice at the property
- Delivery by mail
Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times.
Sources
- 1 FL Stat § 83.57
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When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
Source Link - 2 Fla. Stat. § 83.56(4)
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The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
Source Link - 3 Fla. R. Civ. P. 2.514(6)
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Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).
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