Your rights under Florida law
How much notice to end a month-to-month lease in Florida
Either side can end a Florida month-to-month tenancy with at least 30 days' written notice before the end of a monthly rental period, under section 83.57. A fixed-term lease can't make you give less than 30 or more than 60 days' notice that you're leaving at the end, and its penalty for skipping that notice only applies if the landlord reminded you in writing first. Staying past the end without permission can cost you double rent.
Updated Last checked 4 min read
Quick answer
- Month-to-month: 30 days' written notice before the end of a rental period, either side.
- Count back from the last day of the period, not from your move date.
- A 12-month lease can ask for 30 to 60 days of notice that you won't renew.
- Holding over without consent: the landlord can recover double rent.
On this page
The notice periods in section 83.57
| Tenancy | Notice either side gives | Before |
|---|---|---|
| Week to week | At least 7 days | The end of a weekly period |
| Month to month | At least 30 days | The end of a monthly period |
| Quarter to quarter | At least 30 days | The end of a quarterly period |
| Year to year | At least 60 days | The end of an annual period |
The month-to-month number is 30 days because of HB 1417, which took effect July 1, 2023, the same law that took landlord-tenant rules away from cities and counties. If your lease has no end date and you pay monthly, section 83.46 makes it a month-to-month tenancy.
How to count the 30 days
The notice has to land 30 days before the end of a rental period, not 30 days before whatever day you pick. With rent due on the 1st, the period ends on the last day of the month.
- Last day of the period
- March 31
- Notice must be delivered by
- March 1
- Delivered March 5 instead
- The earliest end date rolls to April 30
Deliver it the way section 83.56(4) allows: by mail, by hand, or by email if you both signed an email addendum under section 83.505. If you mail it, send it at least a week early. Date it, sign it, and include your forwarding address for the deposit.
Leaving at the end of a fixed-term lease
If you're on a 12-month lease, it may say you must give notice before the end if you won't renew. Section 83.575 caps that at no less than 30 and no more than 60 days. If the lease sets a penalty for skipping the notice, it only applies when the landlord gave you written notice of the requirement, with the date and any fees, within 15 days before your notice window opened.
Stay past the end with the landlord's OK without having given the required notice, and section 83.575 makes you liable for one extra month of rent. Some leases also roll into month-to-month at that point, at the same rent or a stated holdover rate.
Holding over without permission
If the lease is over and you stay without the landlord's consent, section 83.58 lets the landlord recover double the rent for the time you refuse to leave, on top of going to court for possession. On $2,500 rent, two weeks of holdover is about $1,150 at the normal rate and about $2,300 at double.
When the landlord ends it
A landlord can end a month-to-month with the same 30 days' notice and doesn't have to give a reason, because Florida has no just-cause eviction law. What a landlord can't do is end it to punish you for a protected act, like a code complaint, or for a reason that violates fair housing law. See landlord retaliation.
Questions people ask
Does a 30-day notice have to be in writing in Florida?
Yes. Section 83.57 calls for written notice, delivered by mail, by hand, or by email under a signed email addendum.
Can my landlord give me 15 days to move out of a month-to-month?
Not since July 1, 2023. The minimum for a month-to-month is 30 days before the end of a monthly period.
My lease says I owe a fee for not giving 60 days notice. Do I?
Only if the landlord gave you the written reminder section 83.575 requires, within 15 days before the notice period started. Without it, that fee is off the table.
How much notice does a landlord need to raise rent on a month-to-month?
The statute sets no notice for a rent increase. Because a month-to-month ends with 30 days' notice, landlords normally give at least that much, and if you don't accept the new rent you can give your own 30 days. See lease renewal increases.
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Words in this guide
Sources
- Florida Statutes, section 83.57: Termination of tenancy without specific termleg.state.fl.us
- Florida Statutes, section 83.575: Termination of tenancy with specific durationleg.state.fl.us
- Florida Statutes, section 83.58: Remedies, tenant holding overleg.state.fl.us
- Florida Statutes, section 83.46: Rent, duration of tenanciesleg.state.fl.us
- Florida Statutes, section 83.56: Termination of rental agreementleg.state.fl.us
- Florida Senate: CS/HB 1417 (2023), Residential Tenancies, chapter 2023-314flsenate.gov
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
Questions?
Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.