Ending a month-to-month tenancy in Florida.
With no fixed end date, a tenancy continues until one side ends it with written notice. For month to month that is at least 30 days, counted to the end of a rent period. Here is how to do it correctly.
Checked against the Florida Statutes on
30 days, not 15.
Many websites still say 15 days. Florida’s current statute requires at least 30 days’ notice before the end of any monthly period. Count back from the last day of the rent period you want the tenancy to end on.
How much notice each kind needs.
Notice must be given at least 60 days before the end of an annual period.
Notice must be given at least 30 days before the end of a quarterly period.
Notice must be given at least 30 days before the end of a monthly period. Either the landlord or the tenant can end the tenancy this way.
Notice must be given at least 7 days before the end of a weekly period.
These apply to tenancies without a specific term, defined in § 83.46(2) and (3).
Six steps.
- 1
Confirm it really is month to month
A tenancy with no stated end date is measured by how often rent is paid. Rent paid monthly makes it month to month. A lease with a fixed end date is different: it simply ends on that date unless the lease says otherwise.
TimingBefore you write - 2
Pick the end date
The tenancy ends at the end of a monthly period, so choose the last day of a rent period (for example, the 30th when rent is due on the 1st). Check your lease for how the period is defined.
TimingAt least 30 days out - 3
Write the notice
State the property address, that the tenancy is ending, and the date the tenant must be out. No reason is required, but don't tie the notice to a complaint the tenant made about the home; see the retaliation note below.
TimingSame day - 4
Deliver it in writing
Mail, hand delivery of a true copy, or a copy left at the residence if the tenant is absent. Email counts only if you and the tenant both signed the § 83.505 addendum. Keep proof of delivery.
TimingAt least 30 days before the end date - 5
If the notice is late, expect to wait a period
A notice delivered with fewer than 30 days left generally takes effect at the end of the following monthly period, not the one you wanted. Serve early.
TimingCheck the date - 6
If the tenant stays, you still need a court order
A tenant who stays after the date is a holdover. You may seek possession (and potentially double rent under § 83.58) by filing in county court. Don't change the locks.
TimingAfter the end date
Related guides
Put the next tenancy on paper.
A written lease with a fixed term avoids month-to-month surprises. Our free builder produces a Florida residential lease as a PDF.
Start a leaseBefore you act.
I've read that the notice for month-to-month is 15 days. Which is right?
Older sources say 15 days. The statute now says at least 30 days before the end of a monthly period (§ 83.57(3), amended by ch. 2023-314). If you rely on 15 days the notice may be defective.
Do I need a reason to end a month-to-month tenancy?
No reason is required by the statute. But a landlord may not retaliate against a tenant for exercising legal rights, such as complaining to a government agency about code violations (§ 83.64), so timing and wording matter.
Can I raise the rent instead?
We found no statutory minimum notice for a rent increase on a month-to-month tenancy. Check your lease, and consider giving at least 30 days' written notice. An attorney can confirm what is safe for your situation.
Does this apply when a fixed-term lease expires?
Not directly. A lease with a fixed term ends on its end date. If the tenant stays with your permission and pays rent monthly, a month-to-month tenancy generally begins, and from then on this notice applies.
Can the tenant end it too?
Yes. Section 83.57 lets either party end the tenancy with the same notice periods, so a tenant also needs to give 30 days' written notice before the end of a monthly period.
This page summarizes Chapter 83, Part II of the Florida Statutes for general information. It is not legal advice, statutes change, and local court procedures vary. Read the full statutes and consult a Florida-licensed attorney about your situation.