An Florida lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
| Notice Form | Lease Type |
| 7 Day Notice To Terminate Tenancy | Week-to-Week |
| 30 Day Notice To Vacate | Quarter-to-Quarter |
| 60 Day Notice To Vacate | Year-to-Year |
A Florida 7 Day Notice to Terminate Tenancy terminates a week-to-week lease, as well as a situation with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination. [1]
A Florida 30 Day Notice to Vacate terminates a quarter-to-quarter lease, or a month-to-month lease, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination. [3]
A Florida 60 Day Notice To Vacate terminates a year-to-year lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination. [4]
To ensure the legal compliance of a lease termination notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for a lease termination notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Florida law is not specific on means for delivery of a lease termination notice, so landlords and tenants may use any method which makes the other party actually aware of such a notice. The following methods, used in eviction and noncompliance contexts, represent the legal gold standard for the state: [5]
Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times. [6]
When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period.
When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period.
When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period.
The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).
