Florida’s 15-day eviction notice no longer exists. Effective July 1, 2023, the legislature amended Florida Statute 83.57 to require at least 30 days’ written notice before the end of any monthly rental period to end a month-to-month tenancy.1Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term If the notice you received or are preparing says “15 days,” it is based on repealed law and will not support an eviction.
What Changed in July 2023
Before July 2023, either side could end a month-to-month tenancy with 15 days’ notice before the next rent period. The legislature doubled that to 30 days. The rule runs in both directions: landlords giving notice to tenants, and tenants giving notice to landlords, both need at least 30 days before the end of a monthly period.2Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term
The practical consequence is simple. A landlord who serves a 15-day notice and then files for possession will likely see the eviction dismissed. Older template forms, online samples, and advice articles that still reference 15 days are out of date. Replace them before serving anything.
When the 30-Day Notice Applies
The 30-day notice is a no-fault termination. The landlord does not need to allege unpaid rent, lease violations, or any wrongdoing. Either side is simply ending a rental relationship that has no fixed end date, and the law gives the other side time to adjust.
This notice is for tenancies without a specific term. The most common example is month-to-month, which arises either because the parties agreed to that arrangement or because a fixed-term lease expired and the tenant kept paying monthly rent without signing a new one. Florida determines the tenancy type by how often rent is paid: monthly payments create a month-to-month tenancy, weekly payments create a week-to-week tenancy.3Justia Law. Florida Code 83.46 – Rent; Duration of Tenancies
A fixed-term lease is a different situation. If the tenant has a one-year lease that still has months to run, a landlord generally cannot use a no-fault notice to cut it short. The 30-day rule is for periodic tenancies, not for breaking a lease that has its own end date already written in.
Notice Periods for Other Periodic Tenancies
Section 83.57 sets different windows depending on the rental period:2Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term
- Year-to-year: at least 60 days before the end of any annual period
- Quarter-to-quarter: at least 30 days before the end of any quarterly period
- Month-to-month: at least 30 days before the end of any monthly period
- Week-to-week: at least 7 days before the end of any weekly period
Pay attention to the phrase “before the end of.” The 30 days are not simply counted forward from the day you hand over the paper. The termination must fall at the end of a rental period, with the required notice given in advance. If rent is due on the first of each month and a landlord serves notice on June 10, the earliest valid termination date is the end of July, because June 10 is not 30 days before the end of June. Served on June 1, the notice could end the tenancy on June 30.
What a Valid Notice Must Say
A termination notice can be challenged in court if it is missing information or uses vague language. At a minimum, include:
- The full legal name of every tenant on the rental agreement
- The complete street address of the rental unit
- A clear, unambiguous statement that the tenancy is being terminated
- The specific date the tenancy will end, calculated to satisfy the 30-day requirement
- The landlord’s or authorized agent’s signature and the date of signing
Vagueness is the most common drafting mistake. “You need to move out soon” or “your tenancy may be ending” does not terminate anything. Use a direct line: “Your tenancy at [address] is terminated effective [date].”
How to Deliver the Notice
Florida law allows three delivery methods, and using the wrong one can sink an otherwise valid notice.4Justia Law. Florida Code 83.56 – Termination of Rental Agreement
Hand delivery is the cleanest option. The landlord or an agent physically gives the notice to the tenant, which eliminates arguments about receipt. Leaving a copy at the residence works when the tenant is not home; taping it securely to the front door is standard practice. Mailing is permitted but introduces uncertainty about when the tenant actually received it, which can create disputes over whether the full notice period ran.
Whichever method you choose, document it. Bring a witness for hand delivery or get the tenant to sign an acknowledgment. Photograph a posted notice in place. Use certified mail with return receipt if mailing. If the matter reaches court, the landlord must file an affidavit of service showing compliance with the statute.
If the Tenant Stays Past the Termination Date
Once the termination date passes, a tenant who remains is a holdover tenant. From that point forward, the only lawful way to remove them is through the courts. Florida bars self-help eviction entirely.5FindLaw. Florida Code 83.67 – Prohibited Practices
The landlord files a complaint for possession in the county court where the property sits.6Justia Law. Florida Code 83.59 – Right of Action for Possession The court issues a summons, and the tenant has five business days to respond in writing, excluding the day of service, weekends, and legal holidays. Eviction cases move on an expedited summary procedure schedule.
A holdover tenant also exposes themselves to double rent. The landlord may seek twice the rent that accrues for every day the tenant refuses to surrender the property, running from the termination date until they actually leave.7Online Sunshine. Florida Code Chapter 83 – Landlord and Tenant For a $2,000 monthly rent, two weeks of holding over adds roughly $2,000 on top of the rent already owed.
If the court rules for the landlord, the clerk issues a writ of possession. The sheriff posts it conspicuously at the property, and the tenant has 24 hours after posting to leave before the sheriff physically removes them.8Florida Senate. Florida Code 83.62 – Restoration of Possession to Landlord That is the only lawful mechanism for a forced removal in Florida.
What a Landlord Cannot Do
No matter how clearly the tenant is in the wrong, taking matters into your own hands is illegal. A landlord cannot:5FindLaw. Florida Code 83.67 – Prohibited Practices
- Shut off utilities, including water, electricity, gas, or garbage collection
- Change the locks or use any device to block the tenant’s access
- Remove doors, windows, or walls from the unit
- Remove the tenant’s personal belongings before a lawful eviction is complete
A landlord who violates these rules owes the tenant actual damages or three months’ rent, whichever is greater, plus attorney’s fees and court costs. Each separate violation can trigger its own award, so a landlord who both changes the locks and shuts off the water has committed two violations. The statute also treats these acts as irreparable harm, which lets a tenant obtain an immediate court injunction.