Florida Notice to Vacate

Florida Notice to Vacate Requirements

⚠️ Legal Notice: This form is for informational purposes only. Consult a Florida attorney for specific legal guidance.

What is a Notice to Vacate?

A Notice to Vacate (also called Notice of Termination or Notice to Quit) is a formal written notice ending a tenancy. In Florida, either landlords or tenants can use this notice to terminate month-to-month, week-to-week, or other periodic tenancies with proper advance notice.

Florida Notice Periods by Tenancy Type

Tenancy Type	Notice Required	Statute
Week-to-Week	7 days before end of weekly period	§ 83.57(2)
Month-to-Month	15 days before end of monthly period	§ 83.57(3)
Quarter-to-Quarter	30 days before end of quarterly period	§ 83.57(4)
Year-to-Year	60 days before end of annual period	§ 83.57(4)
Fixed-Term Lease	Per lease terms (or ends automatically)	Lease governs

Understanding “Before End of Period”

Florida’s notice requirement is “before the end of any monthly period”, which means:

• If rent is due on the 1st, the “monthly period” ends on the last day of the month
• 15-day notice must be given BEFORE that last day
• Example: To terminate effective January 31, notice must be given by January 15
• If notice is given January 20, termination won’t be effective until February 28

Landlord Notice to Tenant

Landlords may terminate periodic tenancies for any lawful reason, but CANNOT terminate for:

• Discrimination based on race, color, religion, national origin, sex, familial status, or disability (Fair Housing Act)
• Retaliation for tenant complaints to government agencies (§ 83.64)
• Retaliation for tenant exercising legal rights
• Retaliation for tenant joining tenant organizations

Tenant Notice to Landlord

Tenants must provide proper notice to avoid:

• Liability for rent through end of notice period
• Deductions from security deposit
• Negative rental history
• Potential legal action for breach

What the Notice Must Include

• Property address (including unit number)
• Names of all tenants
• Date of notice
• Clear statement that tenancy is being terminated
• Date tenant must vacate by
• Signature of party giving notice

Proper Delivery Methods

Method	Proof	Recommendation
Certified Mail, Return Receipt	Signed receipt	✅ BEST – Recommended
Hand Delivery with Acknowledgment	Signed receipt	✅ Good – Get signature
First Class Mail	None	⚠️ Risky – No proof
Posted on Door + Photo	Timestamped photo	⚠️ Last resort only

After Giving Notice

For Landlords:

• Schedule move-out inspection
• Prepare security deposit accounting
• Begin advertising for new tenant (if desired)
• Return deposit within 15/30 days per § 83.49

For Tenants:

• Provide forwarding address for deposit return
• Schedule move-out inspection
• Clean and repair as required
• Transfer utilities
• Return all keys by vacate date

If Tenant Does Not Vacate

If tenant remains after proper notice and vacate date:

1. Tenant becomes a “holdover tenant”
2. Landlord must file eviction lawsuit (cannot self-help evict)
3. Landlord may be entitled to double rent during holdover (§ 83.58)
4. Court process typically takes 2-4 weeks

Fixed-Term Lease Termination

Fixed-term leases work differently:

• Lease automatically ends on the specified date
• Notice may not be required unless lease specifies
• Best practice: Give 30-60 days notice of non-renewal anyway
• If tenant stays past end date without renewal, may convert to month-to-month

Resources

• Florida Statutes § 83.57: Termination of Tenancy
• Florida Statutes § 83.49: Security Deposit
• Florida Bar: Find a Florida Attorney
• HUD Fair Housing: Fair Housing Information