If you are the landlord, you may terminate a month-to-month tenancy by providing the tenant with a 15 Day Notice of Termination of Month-to-Month rental agreement. A 15 Day Notice to Terminate is appropriate if there is a written Month-to-Month rental agreement, or there is an oral rental agreement to pay rent.
Florida Eviction Law: 83.57
view also Notice Requirements
Terminating Month-to-Month Tenancy
If you are the landlord, you may terminate a Month-to-Month tenancy by providing the tenant with a 15 Day Notice of Termination of Month-to-Month tenancy.
Who Can Post the Notice?
It is not necessary that a Notice to the Tenant be delivered by a sheriff or Florida certified process server. The owner of the property, the landlord or an agent of the landlord may personally give the notice to the tenant at the rental property.
How to Deliver a 3 Day Notice to Pay or Vacate:
If no written lease agreement exists, then Florida eviction law provides that an oral agreement for lease of lands or tenements shall be deemed a 'tenancy at will', and a tenancy at will may be terminated by either the landlord or tenant providing notice of termination of tenancy.
If the rent is due and payable monthly on the same date, and no written lease agreement exists, then the landlord may terminate a Month-to-Month tenancy by providing the tenant with a 15 Day Notice of Termination of Month-to-Month tenancy.
When do I have to deliver a 15 Day Notice of Termination of Month-to Month Tenancy
15 Day Notice to Terminate must provide the tenant with at least 15 days notice prior to the end of the Month-to-Month tenancy, which generally is the 30th or 31st of the month.
Generally, rent is due on the first day of each month. Landlords and tenants may agree to different terms, preferably in a written lease agreement (but sometimes an oral agreement), making the rent due on a different day of the month. Often times, written rental agreements offer a 'grace period' after the due date before penalties or late fees might be incurred, but the rent due on the due date.
After I deliver a 15 Day Notice of Termination of Month to Month Tenancy, what happens?
If the tenant remains on the property after the expiration of the 15 Day Notice of Termination of Month-to-Month Tenancy, the landlord may file an eviction case in court for possession of their property.
*The information on this website is not legal advise, nor a substitute for legal advice. Speak with an experienced Florida eviction lawyer to discuss your specific facts, and to review Florida Eviction Law.
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