Florida Statute Guide

Florida Lease Termination Notices: Which Period Applies to Your Tenancy?

Florida Statutes § 83.57 sets a tiered schedule of termination notice periods for residential tenancies — 7, 15, 30, or 60 days depending on how rent is paid. The correct period isn't a matter of preference; using the wrong notice period invalidates the entire notice and forces you to re-serve. This guide covers every tenancy type, the statutory periods, and the lease-clause exceptions that can change them.

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

Quick answer

Florida termination notice periods under § 83.57: week-to-week = 7 days, month-to-month = 15 days, quarter-to-quarter = 30 days, year-to-year = 60 days. All are calendar days. The notice must be written, served at least the required number of days before the termination date, and the termination date must fall at the end of a rent period. Your lease may require more than the statute minimum — always check. A fixed-term lease terminates by its own terms; no separate notice required unless the lease says otherwise.

§ 83.57 notice period reference: all four tenancy types

Florida Statutes § 83.57 governs "Termination of tenancy without specific term." It applies when there is no fixed end date — either a periodic tenancy from the start, or a fixed-term lease that has lapsed and the tenant remains on a rolling basis.

Tenancy type	Statute	Required notice	Day type	Typical residential use
Year-to-year	§ 83.57(1)	60 days	Calendar	Rare in residential; annual rent payments
Quarter-to-quarter	§ 83.57(2)	30 days	Calendar	Uncommon; quarterly rent payments
Month-to-month	§ 83.57(3)	15 days	Calendar	Most common — after fixed-term expires
Week-to-week	§ 83.57(4)	7 days	Calendar	Furnished rentals, extended-stay situations

All periods are calendar days. No weekend exclusions apply — unlike the 3-Day Notice for non-payment, which excludes weekends and legal holidays.

How to identify your tenancy type

Most landlords know they need to give "some notice" but aren't sure which tier applies. Here's how to determine your tenancy type:

Fixed-term lease still active

If the original lease hasn't expired, § 83.57 doesn't apply. A valid fixed-term lease ends at its stated date with no termination notice required. Review the lease for any notice-of-non-renewal clause — these often require written notice 30–60 days before expiration to prevent automatic renewal.

Fixed-term lease expired, landlord continues accepting monthly rent

Most common scenario. Under Fla. Stat. § 83.46, a tenant who remains and continues paying rent after a fixed-term lease expires converts to a month-to-month tenancy. The 15-day notice period applies.

No written lease — verbal or informal arrangement, rent paid monthly

Month-to-month tenancy by operation of law. The 15-day notice period applies under § 83.57(3). An oral lease with monthly rent creates a monthly tenancy.

Rent is paid weekly (furnished apartments, extended-stay rentals)

Week-to-week tenancy. The 7-day notice period applies under § 83.57(4). Florida courts look at how often rent is actually paid, not the interval the landlord prefers.

When your lease requires more than the statute

Florida Statutes § 83.57 sets a minimum. A written lease can lawfully require a longer notice period than the statute, and that contractual requirement controls. Common lease clauses that extend the statutory minimum:

"Either party shall give 30 days written notice of intent to terminate."
Overrides the 15-day statutory minimum; both parties owe 30 days.
"Landlord shall give 60 days notice of intent not to renew."
One-sided clause — only the landlord owes 60 days; tenant's obligation falls back to statute.
"This lease shall automatically renew unless written notice is given by [date]."
Creates an effective non-renewal deadline. Failure to give notice by that date may renew the lease for another term.

If your lease requires longer notice and you serve less, the notice is defective. Always read the lease before serving any termination notice.

Which notice to serve — and what must it say?

Unlike the 3-Day Notice for non-payment, a termination notice under § 83.57 requires no grounds — it ends the tenancy as a matter of right. The notice must:

Be in writing
State the tenant's full name and the rental address
Specify the termination date (must fall on or after the last day of a full rent period)
Be served the required number of days before that termination date
Be delivered by a lawful method: hand delivery, left with household member 15+, or posted on the door

For month-to-month tenancies, this is the 15-Day Notice to Terminate Tenancy. The most common drafting trap: setting a termination date that falls mid-month rather than at the end of a rent period. For full details on the timing mechanics, see the 15-Day Notice guide.

Local notice requirements are preempted

Prior to July 2023, several Florida cities and counties imposed notice requirements longer than the state statute — Miami Beach's 60-day rule for long-term tenants and Miami-Dade's Tenant Bill of Rights provisions were well-known examples. Florida HB 1417 (effective July 1, 2023, Fla. Stat. § 83.425) preempted all local landlord-tenant ordinances statewide. No county or municipality can require a longer termination notice than § 83.57. State law is the only source of notice-period requirements.

What happens if the tenant doesn't vacate?

If the tenant remains past the termination date specified in the notice, they become a holdover tenant under Florida law. You may then file a Complaint for Eviction (Complaint for Removal of Tenant) at the county courthouse. No additional notice is required — the termination notice already provided the statutory warning. Under Fla. Stat. § 83.06, you may also seek double rent for the period the tenant holds over wrongfully.

Critical: do not accept rent past the termination date. Accepting rent for any period after the stated termination date may reinstate the tenancy and require you to start the notice process over.

Common notice-period myths — corrected

"Florida requires 30 days notice for month-to-month tenancies."

Florida law: False. § 83.57(3) requires only 15 days. 30 days applies to quarter-to-quarter tenancies (§ 83.57(2)), which are rare in residential settings.

"Florida requires 60 days notice for long-term tenants."

Florida law: False as a statutory rule. 60 days is required only for year-to-year tenancies (§ 83.57(1)). The former local ordinances (Miami Beach, Miami-Dade) that required 60 days for long-term tenants are preempted by HB 1417.

"I don't need to give any notice when the lease expires."

Florida law: Partially true. A fixed-term lease terminates at its stated end date without notice. But if the tenant remains and you accept rent after expiration, a new month-to-month tenancy begins — and that requires 15 days notice to terminate.

"I can terminate at any time by giving the right number of days."

Florida law: The termination date must fall at the end of a rent period, not an arbitrary date. Serving a 15-day notice on the 10th that terminates "on the 25th" is likely defective if rent is due the 1st and the rent period ends the last day of the month.

Related guides

Florida 15-Day Notice rules

Full requirements for the month-to-month termination notice — timing trap, required elements, service methods.

Florida 60-Day Notice to Vacate

When 60 days is required (year-to-year only) and why local 60-day rules no longer apply.

Florida 30-Day Notice to Vacate

30 days is not required for month-to-month — the quarter-to-quarter exception explained.

Florida holdover tenant

Tenant stays past the termination date — your eviction rights and double-rent remedies.

Authoritative Florida resources

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

FAQ

How much notice does a Florida landlord have to give to terminate a lease?

It depends on the tenancy type. Under Fla. Stat. § 83.57: week-to-week tenancies require 7 days notice; month-to-month require 15 days; quarter-to-quarter require 30 days; year-to-year require 60 days. These are the statutory minimums. A lease may require longer notice than the statute, in which case the lease controls.

Can a Florida lease require more notice than the statute?

Yes. Fla. Stat. § 83.57 sets a minimum. A lease can require 30, 60, or more days even for a month-to-month tenancy. If your lease says "either party shall give 60 days notice," you must give 60 days. The statutory floor protects tenants from landlords who give less than the statute requires; it does not prevent parties from agreeing to more.

Does a fixed-term lease require a termination notice?

Generally no. A fixed-term lease (e.g., 12 months) expires at the end of its term by its own terms — no separate termination notice is required to end it. However, if neither party takes action and the landlord accepts rent after the fixed term expires, the tenancy typically converts to month-to-month under § 83.46, and then a 15-day notice would be required to end that month-to-month relationship.

What happens if I give less notice than required?

A notice that doesn't give the full statutory (or lease-required) period is legally defective. If the tenant contests the eviction, the court will likely dismiss for insufficient notice and require you to re-serve a valid notice. Serving a valid notice is a jurisdictional prerequisite to filing an eviction in Florida.

Does the notice period run from when I serve the notice or from the termination date?

The notice period is measured from the date of service. You must serve the notice at least the required number of days before the termination date you specify. For a month-to-month tenancy: serve the notice at least 15 days before the end of the current rental period. The termination date must fall at the end of a rental period — not an arbitrary date mid-month.

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