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Florida Month-to-Month Lease: Notice to End the Tenancy (s. 83.57)

To end a month-to-month tenancy in Florida, either the landlord or the tenant gives written notice "not less than 30 days' notice prior to the end of any monthly period" (Fla. Stat. s. 83.57(3)). The statute prescribes no form and does not require the landlord to state a reason.

Notice periods by tenancy type

Section 83.57 covers "a tenancy without a specific duration, as defined in s. 83.46(2) or (3)." If the agreement says nothing about duration, the tenancy follows the rent period: weekly rent means week to week, monthly means month to month, quarterly means quarter to quarter, yearly means year to year (Fla. Stat. s. 83.46(2)).

TenancyMinimum notice (s. 83.57)
Year to yearNot less than 60 days' notice prior to the end of any annual period (subsection (1))
Quarter to quarterNot less than 30 days' notice prior to the end of any quarterly period (subsection (2))
Month to monthNot less than 30 days' notice prior to the end of any monthly period (subsection (3))
Week to weekNot less than 7 days' notice prior to the end of any weekly period (subsection (4))

Fixed-term leases differ: a non-renewal notice clause "may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord" (Fla. Stat. s. 83.575(1)).

Who can give notice, and how

"Either party" may give it, in writing, "in the manner provided in s. 83.56(4)": by mailing it, delivering a true copy, e-mailing it in accordance with s. 83.505, or, if the tenant is absent, leaving a copy at the residence (Fla. Stat. s. 83.56(4)).

How to count the days

Section 83.57 says "days" and does not exclude weekends or holidays (the 3-day notice in s. 83.56(3) expressly does; s. 83.57 does not). It also does not say how to treat the day of delivery, or when a mailed notice counts as delivered. Plan on calendar days (no exclusions are printed) and leave margin.

Worked example. Rent is due on the 1st, so each monthly period runs from the 1st to the last day of the month. To end the tenancy at the end of November, the period ends November 30. Thirty days before is October 31 on a simple calendar count. A notice delivered November 1 would be short. Aim for the third week of October. If rent is due on the 15th, periods end on the 14th. The statute does not say what happens to a short notice, so do not count on a court rescuing it.

No reason required

Having read Chapter 83, Part II, we found no requirement in s. 83.57 (or anywhere in Part II) that a landlord state a reason to end a periodic tenancy; the section requires only timely written notice. One limit: Fla. Stat. s. 83.64(1) makes it unlawful to "bring or threaten to bring an action for possession" "primarily because the landlord is retaliating against the tenant," and a tenant may raise that as a defense (s. 83.64(2)).

If the tenant stays

If a tenant "holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord," the landlord "may recover possession of the dwelling unit in the manner provided for in s. 83.59" and "may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession" (Fla. Stat. s. 83.58). Section 83.59 means a court action, not a lockout or utility shutoff (s. 83.67). Whether accepting rent after the end date counts as "permission" is not answered in s. 83.58; ask an attorney first.

Another printed rule: if a tenant stays with the landlord's permission after a fixed-term agreement ended "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" (s. 83.575(3)).

Copyable termination notice

Statute-required elements: in writing, 30 days or more before the end of a monthly period, delivered by an s. 83.56(4) method. The rest is practical.

NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY
(Fla. Stat. s. 83.57(3))

Date of this notice: [date]
To: [tenant name(s)]
Premises: [street address, unit, city], [county] County, Florida
From: [landlord name]
Address for notices and demands: [name and address, s. 83.50]
Phone: [phone]

This is written notice that I am ending your month-to-month
tenancy of the premises above. The tenancy will end at the end
of the monthly rental period on [date: last day of a rental
period, at least 30 days after delivery]. Please vacate and
return all keys by that date.

Delivered by: [ ] mail  [ ] hand delivery of a true copy
[ ] copy left at the residence (tenant absent)
[ ] e-mail under a signed s. 83.505 addendum to [tenant e-mail]

[Signature]    [Printed name]

Common mistakes

Court forms, filing fees, and sheriff service are outside Chapter 83; ask the clerk of court.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.

Want the complete picture? The Florida Small Landlord Compliance Guide puts every Part II rule in one place, cites the 2026 statute for each, and includes the statutory notices ready to copy.

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