📅 Florida 60-Day Notice to Terminate Annual Lease
Year-to-Year Tenancies Without Specific End Date – FL Stat § 83.57(4)
📋 When to Use This Notice
This notice is for ANNUAL leases WITHOUT a specific end date:
- Year-to-year tenancy: Lease that continues year after year
- No end date specified: Lease doesn’t say when it expires
- Automatic renewal: Continues indefinitely until terminated
- 60 days notice required: Must give at least 60 days
- Either party can use: Landlord or tenant
⚠️ Do NOT Use This Notice For:
- Fixed-term leases: Lease with specific end date (e.g., “January 1, 2025 – December 31, 2025”)
- Month-to-month: Use 30-day notice instead
- Quarterly: Use 30-day notice instead
- Lease violations: Use 7-day violation notice
- Non-payment: Use 3-day pay or quit notice
📋 Example of Year-to-Year Lease
Typical language in year-to-year lease:
- “This lease shall continue from year to year until terminated by either party”
- “Annual tenancy beginning January 1, 2020, and continuing thereafter”
- “One year term, automatically renewing unless terminated”
- Key indicator: No specific end date, continues indefinitely
✅ What This Notice Does
- Terminates annual lease: Ends year-to-year tenancy
- 60 days advance notice: Must give at least 60 days before anniversary
- No cause required: Don’t need reason to terminate
- Clean ending: Professional way to end long-term tenancy
📝 60-Day Termination Notice
Date you will actually give notice to other party
Original Lease Information
When did the annual lease originally begin?
Type of annual tenancy without specific end date
Use anniversary date calculated above – must be at least 60 days from notice
Property & Parties Information
All tenants on the rental agreement
Current Lease Terms
Current rent amount (for reference)
Number of years tenant has rented this property
Additional Information
📋 What Happens Next
After this 60-day notice:
- Tenancy continues until termination date
- Tenant must pay rent through termination date
- All lease obligations continue until end date
- Tenant must vacate completely by termination date
- Landlord returns security deposit per § 83.49 (15-30 days)
- If tenant doesn’t leave, landlord can file eviction
Delivery Method
Sender Information
📚 60-Day Notice Guide
Understanding Year-to-Year Leases
What is year-to-year tenancy:
- Annual lease without end date: Continues year after year
- Automatically renews: Each year it continues unless terminated
- Common situations:
- Original lease says “year-to-year”
- Lease states “continues annually”
- Fixed-term lease expired, tenant stayed, pays yearly rent
- Long-term tenant with annual renewal pattern
- Different from fixed-term: No specific expiration date
- Different from month-to-month: Renews annually, not monthly
The 60-Day Requirement
Why 60 days:
- Longer relationship: Annual tenancies more stable than monthly
- More notice needed: Tenant needs time to relocate
- Minimum 60 days: Must give at least 60 days before anniversary
- Can give more: 90, 120, or more days is fine
- Must be before anniversary: Notice must arrive at least 60 days before lease anniversary
Anniversary Date Explained
📅 How to Calculate Anniversary
The anniversary is the date lease originally started:
- Original start: January 15, 2020
- Anniversary dates: January 15 of each year
- To terminate on: January 15, 2027
- Must give notice by: November 16, 2026 (60 days before)
Example timing:
- Lease started: March 1, 2022
- Current year: 2026
- Next anniversary: March 1, 2027
- 60 days before: January 1, 2027
- Give notice by: December 31, 2026
- Termination effective: March 1, 2027
Calculating Termination Date
Step-by-step:
- Find original lease start date: When did lease first begin?
- Identify next anniversary: Same date in future year
- Count back 60 days: Latest date to give notice
- Give notice before that date: Ensure it arrives at least 60 days before
- Termination on anniversary: Lease ends on that anniversary date
When Landlords Use This Notice
Common landlord reasons:
- Selling property: New owner wants vacant possession
- Family occupancy: Landlord or family member moving in
- Major renovations: Property needs substantial work
- Conversion: Converting to different use
- Rent issues: Want to significantly adjust rent
- No reason needed: Can terminate without explaining
When Tenants Use This Notice
Tenant termination:
- Moving: Relocating for job, family, etc.
- Buying home: Purchased house
- Downsizing/upsizing: Need different size property
- Must give 60 days: Same requirement as landlord
- Provide forwarding address: For security deposit return
- Responsible through anniversary: Pay rent until termination date
Difference from Other Notice Types
⚠️ Don’t Confuse With Other Notices
60-Day Annual vs. 30-Day Monthly:
- 60-Day (This Notice):
- For: Year-to-year leases without end date
- Time: 60 days before anniversary
- Ends on: Anniversary date
- 30-Day Notice:
- For: Month-to-month or quarterly
- Time: 30 days before end of period
- Ends on: Last day of rental period
- Fixed-Term Lease:
- Has specific end date
- NO notice required – expires automatically
- Or check lease for renewal/notice terms
Proper Service of Notice
How to deliver:
- Certified mail (best): Provides proof and date of delivery
- Hand delivery: Give directly to other party
- Regular mail: Acceptable but less proof
- Email if allowed: Check if lease permits email notices
- Keep proof: Save delivery confirmation
- Count from delivery: 60 days starts when notice received
After Notice is Given
During 60-day period:
- Tenancy continues: All terms remain in effect
- Rent still due: Pay through termination date
- All obligations: Both parties must comply with lease
- Can negotiate: Parties can agree to different arrangement
- Early move-out: Tenant still liable for rent through termination unless landlord agrees
On termination date:
- Lease ends: Tenancy terminates on anniversary
- Tenant moves out: Must vacate completely
- Return keys: Give all keys to landlord
- Final inspection: Landlord inspects property
- Security deposit: Returned per § 83.49 (15-30 days)
If tenant doesn’t leave:
- Holdover tenant: Staying without permission
- File eviction: Landlord can sue for possession
- Use this notice: As evidence in eviction case
- Damages possible: Tenant may owe holdover rent at higher rate
Common Mistakes
❌ Errors to Avoid
- Less than 60 days: Giving insufficient notice
- Wrong lease type: Using for fixed-term lease with end date
- Wrong anniversary: Miscalculating lease start date
- Termination mid-year: Not ending on anniversary date
- No proof: Can’t prove notice was delivered
- Confusing notices: Using 30-day notice for annual lease
Best Practices
✅ Successful Termination
- Calculate carefully: Verify original lease start date and anniversary
- Give extra time: More than 60 days shows consideration
- Use certified mail: Best proof for court if needed
- Be clear: State exact termination date (anniversary)
- Keep documentation: Copy of notice and delivery proof
- Professional communication: Respectful tone throughout
- Assist transition: Help tenant/landlord with process
- Follow through: Ensure smooth move-out and deposit return
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Florida Statutes § 83.57(4) requires at least 60 days written notice to terminate annual tenancies without specific end date. Notice must be given at least 60 days prior to end of annual period (anniversary of lease commencement). Either landlord or tenant may terminate without cause.
Anniversary date critical. Termination becomes effective on anniversary of lease start date. Count back 60 days from anniversary to find latest date to give notice. For example, lease started March 1 – must give notice by January 1 to terminate March 1. Tenancy continues with all obligations through termination date. Tenant must pay rent through anniversary date.
Not for fixed-term leases. This notice is only for year-to-year leases that continue indefinitely. Fixed-term leases with specific end dates expire automatically or per lease terms. Use certified mail for best proof of delivery. For questions about terminating annual tenancies, consult real estate attorney.
