Florida Notice Law

Does Florida Require a 60-Day Notice to Vacate?

No — not for most Florida tenancies. Landlords frequently ask about a 60-day notice requirement because it's standard in California, New York, and other states. In Florida, Fla. Stat. § 83.57 requires only 15 days' notice to terminate a month-to-month tenancy. The 60-day rule applies in one narrow case: year-to-year tenancies — and has been the subject of superseded local ordinances that are no longer in force.

Last verified September 21, 2026 · Fla. Stat. § 83.57

Quick answer

Florida requires 15 calendar days to terminate a month-to-month tenancy (Fla. Stat. § 83.57(3)), 7 days for week-to-week (§ 83.57(4)), and 60 days only for year-to-year tenancies (§ 83.57(1)). No local ordinance can change this — HB 1417 preempted all city and county landlord-tenant rules statewide effective July 1, 2023. If your tenant rents month-to-month, 15 days is the correct notice period under Florida law.

What Florida Statute § 83.57 actually requires

Florida's residential tenancy termination statute sets a tiered notice schedule based on how often rent is paid. This is the complete schedule — there is no statewide 30-day or 60-day rule for month-to-month leases.

Tenancy type	Statute	Required notice	Day type
Year-to-year	§ 83.57(1)	60 days	Calendar days
Quarter-to-quarter	§ 83.57(2)	30 days	Calendar days
Month-to-month	§ 83.57(3)	15 days	Calendar days
Week-to-week	§ 83.57(4)	7 days	Calendar days

Note: these are minimum statutory periods. Your lease may require more. If the lease requires 60 days and the statute only requires 15, the lease governs. For a full breakdown of all Florida tenancy termination notice types and periods, see Florida lease termination notice periods.

When 60 days IS required in Florida

The 60-day requirement applies in two narrow scenarios under Florida law:

Year-to-year tenancy (§ 83.57(1)). If the tenant rents annually — meaning rent is paid for a 12-month period and there is no monthly rollover — the landlord must give at least 60 days' written notice before the end of the annual period to terminate. This is rare in residential settings; most annual leases convert to month-to-month after expiration.
Lease clause requiring 60 days. If your lease agreement expressly states that either party must give 60 days' written notice of intent not to renew, that clause is enforceable. Florida law sets a minimum; parties may agree to longer notice periods in a written lease. Check your lease carefully before serving any termination notice.

What about 30-day notice — also not required?

Florida landlords also frequently ask about a 30-day notice requirement. The same answer applies: 30 days is NOT the Florida statutory minimum for month-to-month tenancies. § 83.57(3) requires only 15 days. The "30-day rule" is a common-law standard used in several other states but was never adopted into Florida's landlord-tenant statute.

The quarter-to-quarter tenancy row (§ 83.57(2)) does require 30 days, but quarterly residential tenancies are uncommon. Nearly all Florida rental relationships cycle monthly. For a full comparison, see the 30-day notice to vacate Florida guide.

Local 60-day rules are no longer in force

Miami Beach formerly required 60 days' notice before terminating a month-to-month tenancy for tenants who had rented for more than one year. Miami-Dade County had similar provisions in its Tenant's Bill of Rights. Florida HB 1417 (effective July 1, 2023, codified at Fla. Stat. § 83.425) preempted all local landlord-tenant ordinances statewide. No county or city in Florida can impose a longer notice requirement than § 83.57. State law alone governs.

Already served a 60-day notice? It's valid — here's what to watch for

Serving more notice than the statute requires is never a defect. If you gave the tenant 60 days when 15 was sufficient, the notice is valid — the tenant simply received extra time. Two caveats:

Don't accept rent past the termination date. If you accept rent for a period after the stated termination date, Florida courts may find that you reinstated the tenancy. Return any rent received for post-termination periods promptly.
The termination date must align with rent period end. The notice must specify a termination date that falls at or after the end of a rent period — typically the last day of a month. A termination date of "the 15th" in a tenancy where rent is due the 1st may be challenged.

The correct notice: Florida's 15-Day Notice to Terminate Tenancy

For a month-to-month tenancy, the Florida 15-Day Notice to Terminate Tenancy is the correct statutory instrument. It terminates the tenancy with no grounds required — you don't have to cite a lease violation or non-payment. The notice must:

Be in writing
Include the tenant's name and property address
State the termination date (which must fall at the end of a rent period)
Be served 15+ calendar days before that termination date
Be delivered by hand, left with a household member 15+, or posted on the door

Source: Fla. Stat. § 83.57(3). For the full requirements and the timing trap that voids most 15-day notices, see the 15-Day Notice guide.

Tenant doesn't leave after the notice — what happens?

If the tenant remains past the termination date, they become a holdover tenant under Florida law. At that point you may file an eviction complaint (Complaint for Removal of Tenant) without serving any additional notice — the 15-Day Notice already provided the required statutory warning. You may also be entitled to double rent for the holdover period under Fla. Stat. § 83.06 if the tenant's continued possession is wrongful.

Related guides

Florida 15-Day Notice rules

Full requirements for the correct month-to-month termination notice under § 83.57(3).

30-Day Notice to Vacate Florida

Also not required by Florida statute — what the law actually says about 30-day notices.

Florida lease termination notice periods

Every tenancy type and its required notice period — week-to-week through year-to-year.

Florida holdover tenant

When the tenant stays past the termination date — rights, double rent, and eviction.

Authoritative Florida resources

Primary sources for statutory text, court procedures, and licensed legal help.

FAQ

Does Florida require a 60-day notice to vacate?

No, for most Florida tenancies. Fla. Stat. § 83.57 requires 15 days' written notice to terminate a month-to-month tenancy — not 60. The 60-day rule is common in other states (e.g., California, New York for long-term tenants) but does not exist in Florida for month-to-month leases. The one exception under Florida law: year-to-year tenancies, which require 60 days' notice under § 83.57(1).

When does Florida law require 60 days notice?

Only for year-to-year (annual) tenancies under Fla. Stat. § 83.57(1). If your tenant rents on a year-to-year basis with no month-to-month conversion, you must give at least 60 days' notice before the end of the tenancy period to terminate. Most residential tenancies convert to month-to-month after a fixed-term lease expires, which drops the required notice to 15 days.

What if my lease requires 60 days' notice?

Your lease controls. Fla. Stat. § 83.57 sets the minimum; a lease can require more. If your lease says 60 days, you must give 60 days even though the statute only requires 15. However, the tenant cannot use HB 1417 or any local ordinance to expand this requirement — only the lease terms between the parties apply.

Is a 60-day notice still valid if I serve it when only 15 is required?

Yes. More notice than the statute requires is always valid. If you serve a 60-day notice when only 15 days is legally required, the notice is effective — you've simply given the tenant extra time. The termination date must still align with the end of a rent period to avoid a rent-overhang dispute.

Did Miami-Dade or Miami Beach require 60-day notice?

Previously, yes. The City of Miami Beach formerly required 60 days notice for month-to-month tenants. But Florida HB 1417 (effective July 1, 2023, codified at Fla. Stat. § 83.425) preempted all local landlord-tenant ordinances statewide. The Miami Beach 60-day rule and Miami-Dade Tenant Bill of Rights are no longer in force. State law governs.

Serve the right notice the first time

Florida month-to-month tenancies require a 15-Day Notice — not 60 days. Generate a court-ready notice now and avoid the cost of re-serving.

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