In Florida, a landlord must give a tenant a notice to move out at least 15 days before the end of the rental period. The notice must be in writing and contain specific information.
This notice must contain specific information, including the date by which the tenant must vacate the premises.
Failure to provide proper notice or to include the required information can delay the eviction process, making it imperative for landlords to adhere to the legal guidelines.
Key Factors That Affect Notice Period For Tenants To Vacate
If you’re a tenant in Florida, you need to know the factors that affect the notice period for a landlord to ask you to move out.
Here are the key factors that impact how much notice a landlord has to give a tenant to move out.
Types Of Rental Agreements
The type of rental agreement is the most crucial factor in determining the notice period for tenants to vacate.
There are two types of rental agreements that dictate the notice periods. They are:
In a lease agreement, the landlord and the tenant agree on a set period of tenancy, usually 6-12 months.
If the tenant violates the lease, the landlord can terminate without cause, but otherwise, the landlord must wait until the lease term ends to ask the tenant to move out.
The tenant is also bound to stay in the property for the lease term and cannot leave without penalty.
Month-to-month rental agreements
In a month-to-month rental agreement, the tenant agrees to rent a property on a monthly basis.
Either the tenant or the landlord can terminate the tenancy by giving written notice to the other party.
Termination Without Cause
If the landlord wants the tenant to move out for no particular reason, the notice requirement depends on the type of rental agreement.
Here are the notice periods for tenants to vacate in Florida by rental agreement type when no cause is cited:
- Lease agreements: No notice is required unless the lease says otherwise.
- Month-to-month rental agreements: 15 days’ written notice is required.
Termination With Cause
If the tenant violates the lease agreement or fails to pay rent, the landlord can terminate the tenancy with cause.
Here are the notice periods for tenants to vacate in Florida by rental agreement type when the cause is cited:
- Lease agreements: 7 days’ written notice is required.
- Month-to-month rental agreements: 7 days’ written notice is required.
Breaking Down Notice Periods Based On Rental Agreements
Tenancy laws in Florida are strictly guided by the terms and conditions set out in rental agreements.
Breaking down notice periods based on specific rental agreements fosters a better understanding of tenants’ and landlords’ legal obligations in ensuring smooth and lawful disengagement.
For weekly rentals, Florida law requires a seven-day notice period before the tenant moves out.
If tenants fail to do so, landlords can immediately go ahead to file an eviction suit.
- Landlord must provide tenants with a seven-day written notice to terminate the lease.
- Upon expiration of the notice period, tenants must surrender possession or face eviction.
For tenants who rent a property on a monthly basis, Florida law is specific about notice periods when they need to move out.
- Landlord must provide tenants with at least fifteen days written notice to terminate the lease.
- Submit a written notice to the tenant that includes the move-out date.
- Upon the expiration of the notice period, tenants must surrender possession to the landlord.
Fixed-Term Lease Agreements
A fixed-term lease agreement is useful for long-term rentals, usually spanning a year or more.
Breaking the lease before the expiration date can negatively impact tenants’ credit scores and make it challenging to rent in the future.
- Landlords cannot terminate fixed-term leases without sufficient legal cause unless both parties mutually agree to terminate the lease.
- A fifteen-day written notice period is mandatory before the lease term’s expiration if the landlord chooses not to renew the lease.
- If tenants choose to move out before the lease’s expiration date, they may find themselves liable for the rent until another tenant moves in or the expiration date.
Legal Grounds for Eviction in Florida
Non-payment of Rent
Landlords can start the eviction process if a tenant does not pay rent on time. In Florida, rent is late if not paid within 3 days of the due date.
Landlords must provide tenants a 3-day notice to pay or vacate. This gives tenants 3 days to pay the owed rent or move out. If tenants do neither, landlords can file for eviction.
Violation of Lease Terms
Landlords can evict if tenants break major lease rules. Examples are having unauthorized pets, residents, or guests. Landlords must give 7 days’ notice. The notice spells out the breach and time to fix it. If tenants do not comply in 7 days, eviction may begin.
Damage to Property
Tenants who damage the rental beyond normal wear and tear may be evicted. This includes damage from guests or pets. Landlords give 7 days’ notice to repair damages. If not fixed in 7 days, Florida law allows eviction filing.
Illegal Activity on Premises
If illegal acts occur on the property, landlords can start eviction right away. This includes drug offenses and violence crimes. No notice is required since illegal acts threaten safety. Landlords simply file court papers and schedule the hearing.
The Eviction Process in Florida: A Step-by-Step Guide
Serving the Notice
The process begins by serving tenants a written notice to vacate. In Florida, notices must warn tenants why they may be evicted. Notices give 3 to 7 days to resolve the issue before filing the eviction lawsuit. Notices have to be delivered properly under the law.
Filing an Eviction Lawsuit
If tenants fail to comply after the notice period ends, landlords can file eviction papers with the court. The court summons state why tenants are being evicted. Clerks set a court date within 5 to 15 days. Tenants get served the court papers by sheriff or process server.
Court Hearing and Judgment
On the court date, the judge hears the case. Landlords and tenants can bring lawyers, witnesses and evidence. If the judge rules for the landlord, tenants get 24 hours to appeal or move. If no appeal, the court issues an order for tenants to vacate.
Writ of Possession and Tenant Removal
This writ gives sheriffs the power to evict tenants who do not leave voluntarily. Sheriffs schedule the eviction within 24 hours of getting the writ. Police may visit to oversee the physical eviction. Landlords change the locks and put tenants’ belongings into storage.
How Much Notice Does A Landlord Have To Give A Tenant To Move Out In Florida?
Landlords must provide written notice of lease termination at least 15 days before the end of the rental period.
Can A Landlord Refuse To Renew A Lease In Florida?
Yes, a landlord has the right to deny the renewal of a lease for any reason or no reason at all.
Can A Tenant Break A Lease Early In Florida?
Yes, tenants can break the lease early but may be responsible for damages and rent until the landlord finds a new tenant.
What Happens If A Tenant Doesn’t Move Out After The Lease Expires?
The tenant becomes a holdover tenant and the landlord can file for eviction in court to obtain a legal order for eviction.
When you’re renting in Florida, always remember the law requires your landlord to provide you at least 15 days’ notice if you’re on a month-to-month lease.
For longer leases, it’s typically 60 days. Stay informed to navigate your rights and responsibilities smoothly.