Read further to learn more about the residential lease termination process in Florida and how many days’ notice are required in which situations.
What is a Residential Lease Termination Notice?
A residential lease termination notice is used when the owner of a piece of a residence wants to take back possession from a tenant who is occupying the home. Because this is not an eviction notice for non-payment of rent, the termination notice does not require the occupants to pay any rents due or correct any deficiencies. The only requirement is for the occupants to surrender the use of the property within the specified timeframe. The landlord may be allowed to recoup monetary damages if the tenant does not surrender the property within the specified time frame.
There are numerous reasons why a landlord may terminate a lease. The owner may no longer wish to rent the property because they plan to move back into the residence, use the property for some other purposes, or sell the property.
If it is at the end of the tenancy period and the landlord serves the proper notices, the landlord does not have to give a reason for terminating the lease agreement. The only way the tenant would be permitted to remain in the residence is if the tenant can prove that the landlord is requesting that they move because of some sort of retaliation. This claim may be difficult for a tenant to prove because the notice for them to move is given at the end of their lease agreement.
Generally, tenants terminate their lease agreement at the end of the tenancy. However, tenants may terminate the agreement for other reasons. If the residence needs repair and the repairs have not been made after the tenant has taken the necessary legal steps for the landlord to bring the property into compliance, the lease agreement may be terminated. Rental properties may become damages during natural disasters or negligence of the property owner.
Military Residential Lease Termination
Servicemembers who are released from active duty after they have leased rental property may be allowed to terminate their residential lease. The rental property must be at least 35 miles from the service member’s home of record. If the servicemembers becomes eligible or receives orders to move into government housing the servicemember may terminate their lease.
An official copy of the servicemember’s orders must be given to the landlord along with the written notice to terminate the lease agreement.
The servicemember may be responsible only for rent due, which will be prorated to the date that the lease would have normally ended. if a servicemembers submits their notice of termination within 14 days prior to occupancy, they will not be charged any damages or penalties for terminating the lease.
Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be made effective on the date stated in the notice. The notice must be given to the landlord within 30 days of the servicemember becoming eligible to terminate the lease agreement.
Termination of Tenancy without Specific Term
Florida law allows a rental agreement that has no provision as to the duration of the tenancy to be terminated upon written notice by either party. An occupancy with no specific duration is defined by Florida State Statutes 83.46(2) or (3).
- If the duration of the tenancy is from year to year, a minimum of 60 days’ notice must be given to the tenant before the end of any annual period.
- For a tenancy that is from one quarter to the next quarter, the notice given will be a minimum of 30 days before the end of any quarterly period.
- If the duration of the tenancy is from month to month, the notice will be a minimum of 15 days before the end of any monthly period.
- If the duration of the tenancy is from week to week, the notice will not be less than seven days before the end of any weekly period.
Termination of Tenancy with Specific Duration
If the rental agreement contains a specific duration, the tenant may be required to notify the landlord before moving out within a certain amount of time. If the landlord does not intend to renew the rental agreement, the tenants must be notified within a specific time period. In either case, the notice required of the tenant or the landlord will not be more than 60 days before the end of the rental agreement.
If the rental agreement contains a specified duration, and the tenant fails to give the required notice before moving out, the tenant may be responsible for damages incurred as a result of the rental agreement being broken. The landlord must inform the tenant in writing of the tenant’s obligations to pay any liquidated costs. The notice must be given within 15 days before the start of the notification period contained in the lease. All fees, penalties, and other applicable charges must be listed in the notice.
The tenant must pay an additional one month’s rent if they remain on the property after the end of the rental agreement and fails to give proper notice of their intent to move.
Writing a Florida Residential Lease Termination Notice
Below are instructions on how to complete the residential lease termination notice that the landlord provide to the tenant. Tenants should consult the law of their state for instructions on how to write a termination letter from the tenant to the landlord.
On the blank “To” line at the top of the page, insert the full name of each tenant who is occupying the property.
2. Property Location
On the blank beneath the line “of the premises located at,” enter the street address of the Rental. If applicable, include the unit number. Next, write the city, state, and zip code on the blank spaces provided.
3. Date of Lease Termination
The next section informs the tenant that their lease is being terminated upon the effective date after they have been served notice of the termination. The date of the lease termination must be entered on the blank provided.
4. Lease Termination Expectations
The next paragraph advised the tenant that they are not relieved of paying any rent due or other obligation until the tenancy is actually terminated.
Tenants must be informed that they have a right to request an inspection of the rental unit and to be present during the inspection. The inspection must take place during normal business hours and no sooner than two weeks before the termination of the tenancy.
If the tenants fail to meet their financial obligations, it could be negatively reflected in their credit report.
5. Delivery Date
The person serving this notice to the tenant(s) must verify the Date the Tenant has received this document. This will be done in the “Proof of Service” section. The server of this notice must locate the first blank space in this paragraph then report the date the notice was delivered to the Tenant. On the blank space provided, the server must state the month that the notice was successfully delivered. Then, on the third blank space, indicate the year the notice was delivered to the tenant.
6. Proof of Service
The next section documenting proof of service is to be completed after the notice has been served on the tenant. A statement is included certifying that the person serving the notice is at least 18 years old and that the notice they served was a true copy. The date that the notice was served in to be included on the blank provided.
7. Method of Delivery
The server will indicate the method of service by checking the box beside the method used. The server must choose one of the following delivery methods:
- Mark the first box if the notice was personally delivered. The server can personally give the notice to the tenant(s).
- Mark the second box if the notice was left with someone at the residence. The server may leave a copy of the notice with someone present at the residence. If the server delivers the notification in this manner, it must also be mailed to each tenant being addressed.
- Mark the third box if the notice was posted at the residence. If no one at the residence is old enough to receive a copy of the notice, it can be posted at the residence in a conspicuous place. If the server delivers the notification in this manner, it must also be mailed to each tenant being addressed.
8. Verification Statement
The bottom of this form will contain a verification statement that must be signed and dated by the Server. On the blank provided after the words “Executed this…”, the server will enter the date, month, and year of the service. On the blank space following the word “…in,” the city and state will also be documented.
The server will print their name in the blank space on the last line labeled “Name of Declarant.” Then, the server will sign his or her name on the blank space labeled, “Signature of Declarant.”