Termination of Tenancy Without Specific Term (FS Section 83.57)
LAW OFFICES OF MICHAEL D. STEWART
When created a landlord tenant relationship it is very important to have a written contract laying out the relevant details of the tenancy. An important term to include in the contract is when and how the tenancy will terminate. Termination of a Tenancy that does not have a specific termination date can occur by either party giving written notice as follows:
1) If the tenancy is from year to year, either party can give not less than 60 days notice prior to the end of any annual period;
2) If the tenancy is from quarter to quarter, either party may give notice of not less than 30 days prior to the end of any quarterly period;
3) If the tenancy is from month to month, either party may give notice of not less than 15 days prior to the end of the monthly period;
4) If the tenancy is from week to week, by giving not less than 7 days notice prior to the end of the weekly period.
5) If the tenancy is with a member of the Armed Forces and the service member has a permanent change of station order requiring him or her to move and live 35 miles from the location of the rental premises, or who is prematurely or involuntarily discharged from active duty, may terminate his or her rental agreement. To do so he or she must provide the landlord with written notice at least 30 days after the landlord’s receipt of the notice. The notice must be accompanied by a copy of the official military orders.
6) If a service member dies during active duty, a member of his or her family may terminate the rental agreement with written notice for at least 30 days after the landlord’s receipt of the notice.
7) Some leases for a specific time period may require notice of termination by either the landlord or tenant within a specified period of time. If the tenant fails to provide such notice he or she could be liable for damages to the landlord. A residential lease cannot contain a provision requiring more than 60 days notice of intent to terminate.
83.575 Termination of tenancy with specific duration.—
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days’ notice before vacating the premises.
(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month’s rent.
History.—s. 3, ch. 2003-30; s. 1, ch. 2004-375.
The Law Offices of Michael D. Stewart