Florida 15-Day Notice Rules: Terminate a Month-to-Month Tenancy
The 15-Day Notice is Florida's "no fault" termination tool — end a month-to-month tenancy for any reason, or none at all. Simple in concept, brutally precise in execution. The single most common mistake (wrong timing of the termination date) voids most notices drafted by landlords without templates.
Florida's 15-Day Notice under Fla. Stat. § 83.57(3) terminates a month-to-month tenancy with 15 calendar days written notice. No reason required. The termination date must end at least one full rent period before the next rent due date — not simply 15 days after service. Serve by hand, household member 15+, or door posting. Same delivery rules as 3-Day and 7-Day notices.
What must appear on the notice
Fla. Stat. § 83.57(3) requires specific elements. Unlike the 3-Day Notice, no reason or violation needs to be stated.
- Tenant's full legal name
- Property address (with unit number)
- Statement that the month-to-month tenancy is being terminated
- Specific termination date — at least 15 calendar days from service AND aligned with rent period end
- Date the notice was prepared (separate from termination date)
- Landlord's signature and name
The timing trap that voids most 15-Day Notices
Florida case law is clear: a 15-Day Notice must terminate the tenancy at the END of a rent period, not mid-period. Two worked examples — same May 25 service date, very different outcomes:
When landlords actually use the 15-Day Notice
Tenant declined a rent increase
You proposed a rent increase for the upcoming month and the tenant refused or didn't respond. Serve a 15-Day Notice to terminate the existing month-to-month tenancy, then offer them a new lease at the new rate. Most reach a deal at this stage.
Fixed-term lease ended; you don't want to renew
The 1-year lease expired and converted to month-to-month. You're selling the property, moving in yourself, or just want a different tenant. The 15-Day Notice cleanly terminates — no reason required.
Problem tenant with no clear lease violation
Tenant is technically compliant but creates ongoing problems (constant complaints from neighbors, hostile communication, refuses repairs access). Without a specific lease violation that would support a 7-Day Notice, the 15-Day path lets you exit the relationship.
Property going through major renovation
You need vacant possession for renovations or change of use. The 15-Day Notice (with the timing math above) clears the unit.
Timeline: from notice service to writ of possession
| Phase | Duration | What happens |
|---|---|---|
| Notice period | 15 calendar days | Tenant has until the stated termination date to vacate |
| File eviction (if not vacated) | Day after termination | $185 filing fee at Miami-Dade Civil Courthouse |
| Tenant served | 5–7 days | Sheriff or process server |
| Tenant response window | 5 business days | If no answer → default judgment |
| Writ of possession + lockout | 5–10 days | Sheriff posts 24-hour notice, then lockout |
| Total | ~5–7 weeks | From notice service to physical lockout |
Several Miami-Dade and Broward cities previously required 60 days notice for "no cause" termination of month-to-month tenancies. Florida HB 1417 (eff. July 1, 2023) preempted these. The statewide 15-day standard under § 83.57(3) applies uniformly — no local extensions are in force.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
When do I use a 15-Day Notice in Florida?
To terminate a month-to-month tenancy with no specific cause. Fla. Stat. § 83.57(3) requires 15 days notice for monthly tenancies. Use it when: (1) lease has expired and tenant is now month-to-month, (2) you want to end an ongoing month-to-month for any reason or no reason at all, (3) tenant violated lease terms but you don't want to fight a "cure" battle. No grounds required.
Does the 15 days include weekends?
Yes — 15 calendar days, not business days. Unlike the 3-Day Notice (which excludes weekends), the 15-Day Notice counts every day including Saturdays, Sundays, and holidays. A notice served on May 1 expires May 16.
Does the 15-day period have to end on a specific date?
Yes, and this is the most common drafting trap. The 15-day period must end at least one full rent period before the next rent due date. If rent is due the 1st of each month and you want them out, the notice must be served at least 15 days before the END of the current rent period — not just 15 days before you want them gone. Serving on May 25 with a "termination date of June 10" is invalid because June rent has accrued. Either serve by May 16 (15 days before May 31) for a June 30 termination, OR serve mid-month for the following month-end.
Can I serve a 15-Day Notice if there's still a fixed-term lease?
No. The 15-Day Notice only terminates month-to-month tenancies. If a fixed-term lease (1 year, 6 months) is still in effect, you cannot terminate it for "no cause" — you need an actual lease violation and the corresponding 3-Day, 7-Day, or court action. The 15-day path only opens after the fixed term has expired and the tenancy has converted to month-to-month.
What if the tenant pays the rent before the 15 days expire?
Generally the termination still proceeds. Unlike the 3-Day Notice (which is cured by payment of rent), the 15-Day Notice terminates the tenancy independently of payment. However, if you ACCEPT rent for a period after the notice expiration date, courts may find you reinstated the tenancy. Return any rent for periods past the termination date.
Generate a properly-timed 15-Day Notice
The notice generator calculates the right termination date based on your rent due day automatically — no more voided notices from mid-period timing errors.
Generate My Notice