A notice of non-renewal of a lease in Florida must be in writing and delivered within a statutory window that depends on the type of tenancy: 30 to 60 days for a fixed-term lease (whatever the lease specifies within that range), and anywhere from 7 to 60 days for a tenancy with no fixed end date. Miss the deadline or use the wrong delivery method and the notice can fail, which may lock a landlord into another rental period or cost a tenant an extra month of rent.
Notice Periods for Month-to-Month and Other Periodic Tenancies
When a rental has no set end date, the tenancy type follows the rent payment schedule. Florida Statute § 83.57 sets the minimum written notice either party must give to end it:1Justia 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
The same deadlines bind both sides. A month-to-month tenant moving out and a landlord ending a month-to-month arrangement each owe the other a full 30 days of written notice.
Notice Periods for Fixed-Term Leases
A lease with a set start and end date is governed by Florida Statute § 83.575. The lease itself can require advance notice of non-renewal, but that requirement must fall between 30 and 60 days. The lease cannot demand less than 30 or more than 60.2Florida Senate. Florida Code 83.575 – Termination of Tenancy With Specific Duration
Whatever notice the lease requires from the tenant, it must require the same from the landlord. If the lease says the tenant must give 60 days’ notice before moving out at the end of the term, the landlord has to give 60 days’ notice before refusing to renew.3The Florida Legislature. Florida Code 83.575 – Termination of Tenancy With Specific Duration Pull out your lease and look for the notice clause before counting days.
How to Deliver the Notice
A correctly worded notice still fails if it isn’t delivered a way the statute recognizes. Under § 83.56(4), acceptable methods are:4The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
- Hand delivery of a true copy to the other party
- Regular or certified mail (certified with return receipt creates the strongest paper trail)
- Email, if it complies with § 83.505, which generally requires prior written consent to receive notices electronically
- Leaving a copy at the residence if the tenant is absent
Keep a signed copy of the notice, the mailing receipt, and a record of the date and method used. Certified mail receipts are the cleanest proof if the timing is ever contested, but any method the statute lists is legally sufficient.
What to Put in the Notice
Florida doesn’t prescribe a specific form, but a non-renewal notice should leave nothing open to interpretation. Include the full names of the landlord and all adult tenants on the lease, the complete street address with any unit number, the date the notice is sent, and the exact date the lease will terminate. Stating a specific move-out date prevents later arguments about when possession must be surrendered.
Many local bar associations and real estate boards publish standardized non-renewal forms. Using one is reasonable because it organizes the required information in a format courts are used to seeing. Drafting your own works too, as long as the who, where, and when are unmistakable.
What Happens If Notice Is Late or Never Sent
When a fixed-term lease runs out and nobody sends notice, the tenancy usually doesn’t just end. If the tenant stays and the landlord keeps accepting rent, the arrangement typically converts to a month-to-month tenancy, which then requires the 30-day notice under § 83.57 to end.1Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term
A tenant who stays past the fixed term with the landlord’s permission but fails to give the notice required for a month-to-month tenancy owes one additional month’s rent under § 83.575(3). The lease may also impose liquidated damages for failure to give notice, but only if the landlord sent the tenant a written reminder of the notification requirement at least 15 days before the notice period began.3The Florida Legislature. Florida Code 83.575 – Termination of Tenancy With Specific Duration
A tenant who stays after a valid non-renewal notice has expired, without the landlord’s permission, is a holdover tenant. Under § 83.58, the landlord can recover double the rent due for each period the tenant refuses to leave.5Florida Senate. Florida Code 83.58 – Remedies; Tenant Holding Over On a $2,000 monthly lease, that is $4,000 for every month of holdover. The landlord can also file for possession in county court, and under § 83.625 the prevailing party may be awarded attorney fees on top of court costs.6The Florida Legislature. Florida Code 83.625 – Attorney Fees
Security Deposit After Move-Out
Once the tenancy ends and the tenant vacates, § 83.49 controls the deposit. If the landlord isn’t withholding anything, the full deposit (with interest if required) must be returned within 15 days after the tenancy terminates.7The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
If the landlord plans to keep part of the deposit for damages or unpaid rent, the landlord must send written notice by certified mail to the tenant’s last known address within 30 days after the tenancy ends. The notice has to state the amount claimed, the reason, and inform the tenant of the right to object in writing within 15 days. A landlord who misses the 30-day deadline forfeits the right to claim against the deposit, though a separate lawsuit for damages remains possible after returning the full amount.7The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant
Tenants should give the landlord a forwarding address in writing before leaving. Without one, the certified mail notice may never arrive, which complicates any later dispute over deductions. Dated move-out photos give both sides a reference point.
When a Landlord Can’t Refuse to Renew
Florida landlords generally don’t need a reason to decline to renew, but two limits apply. The federal Fair Housing Act prohibits non-renewal based on race, color, religion, sex, national origin, familial status, or disability.8Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing And under § 83.64, a landlord can’t bring or threaten a possession action primarily because the tenant complained to a government agency about housing code violations, participated in a tenant organization, or exercised fair housing rights.9The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct Retaliation is usually raised as a defense in an eviction case, and it fails if the landlord proves good cause such as nonpayment or a lease violation. Discrimination complaints can be filed with the U.S. Department of Housing and Urban Development, which has its own filing deadlines.