An Florida lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of Florida Lease Termination Notice Forms
Notice Form | Lease Type |
7 Day Notice To Terminate Tenancy | Week-to-Week |
15 Day Notice To Vacate | Month-to-Month |
30 Day Notice To Vacate | Quarter-to-Quarter |
60 Day Notice To Vacate | Year-to-Year |
Florida 7 Day Notice To Terminate Tenancy
A Florida 7 Day Notice to Terminate Tenancy terminates a week-to-week lease, as well as a situation with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
Florida 15 Day Notice To Vacate
A Florida 15 Day Notice to Vacate terminates a month-to-month lease, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least fifteen (15) calendar days before the date of termination.
Florida 30 Day Notice To Vacate
A Florida 30 Day Notice to Vacate terminates a quarter-to-quarter lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
Florida 60 Day Notice To Vacate
A Florida 60 Day Notice To Vacate terminates a year-to-year lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.
How To Write a Lease Termination Notice in Florida
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, 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 Calculate Expiration Date in Florida
The “clock” for a lease termination notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How to Serve a Lease Termination Notice in Florida
Florida landlords and tenants may deliver a lease termination notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age who can accept the notice on behalf of the other party, PLUS delivery by registered or certified mail
- Posting the notice in a conspicuous place on the premises, PLUS delivery by registered or certified mail
Mailed notice extends the 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 FL Stat § 83.57
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When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period.
Source Link - 3 FL Stat § 83.57
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When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period.
Source Link - 4 FL Stat § 83.57
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When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period.
Source Link - 5 FL Stat § 83.56
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The delivery of the written notices required by subsections (1), (2), and (3) 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 - 6 Florida Court Rules of Civil Procedure - Rule 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).
Source Link