Move-out mistakes often begin with a notice mistake.
Fixed-Term Lease
A fixed-term lease normally ends on its stated date, but the lease may require advance notice of nonrenewal. Under section 83.575:
- The lease may require notice from both tenant and landlord.
- The required period cannot be less than 30 days or more than 60 days.
- If the lease imposes liquidated damages for the tenant’s failure to give notice, the landlord must provide the reminder notice required by the statute.
- That landlord reminder must be delivered within 15 days before the tenant’s contractual notification period begins and must list applicable fees, penalties, and charges.
Read the lease before calculating the deadline. “Thirty days” is not always the same as “one calendar month,” and the lease may specify how notice is served.
Month-to-Month Tenancy
Section 83.57 requires at least 30 days’ written notice before the end of a monthly period. The termination date must align with the end of the rental period.
Example: If rent periods run from the first through the last day of each month, notice should terminate the tenancy at the end of a month and must be given at least 30 days beforehand.
Other Periodic Tenancies
- Week to week: at least 7 days before the end of a weekly period
- Quarter to quarter: at least 30 days before the end of a quarterly period
- Year to year: at least 60 days before the end of an annual period
Delivery
Use a delivery method authorized by Florida law and the lease. Section 83.505 permits electronic delivery of specified notices only when its requirements are satisfied. Do not assume that ordinary texting, a portal message, or an email address appearing on an application automatically makes every statutory notice effective.
