Florida law gives landlords and tenants a way to end certain rental arrangements without proving that either side did anything wrong. That rule is found in Florida Statute § 83.57, which applies to a tenancy without a specific term.
In practical terms, this usually means a week-to-week, month-to-month, quarter-to-quarter, or year-to-year tenancy. Most common is month-to-month. These arrangements continue from one rental period to the next until either the landlord or the tenant gives proper written notice.
For most residential renters and landlords, the most common example is a month-to-month tenancy.
What Does Section 83.57 Cover?
Section 83.57 applies when the tenancy does not have a fixed end date. For example, it may apply when:
- A tenant rents month-to-month;
- A written lease has expired, but the tenant remains with the landlord’s permission;
- Rent is paid weekly, monthly, quarterly, or yearly without a fixed lease term; or
- The rental arrangement is otherwise open-ended.
The statute does not usually govern early termination of a fixed one-year lease. Fixed-term leases are treated differently, and the lease itself may contain separate notice requirements, renewal terms, or early termination provisions.
Required Notice Periods Under Florida Statute § 83.57
The amount of notice depends on the type of tenancy:
| Type of Tenancy | Minimum Notice Required |
|---|---|
| Year-to-year | 60 days before the end of the annual period |
| Quarter-to-quarter | 30 days before the end of the quarterly period |
| Month-to-month | 30 days before the end of the monthly period |
| Week-to-week | 7 days before the end of the weekly period |
For most residential tenants and landlords, the key rule is this: a Florida month-to-month tenancy generally requires at least 30 days’ written notice before the end of the monthly rental period.
This is an important change from older versions of Florida law. Older articles, forms, and notices may still refer to a 15-day notice period for month-to-month tenancies. That is no longer the current rule for residential tenancies governed by the updated statute.
Why Timing Matters
The notice period is not just a countdown from the date the notice is sent. The notice must give the required number of days before the end of the applicable rental period.
That distinction matters. A notice may be defective if it gives the right number of days but does not properly line up with the end of the rental period.
Getting the timing wrong can create problems. A defective or late notice may delay the termination date, extend the tenancy into another rental period, or complicate a later eviction or damages claim.
Timing Examples Under Florida Statute § 83.57
The following examples show how the timing rules can work in common situations.
Example 1: Month-to-Month Tenancy, Rent Due on the First
Assume the tenant rents month-to-month, and the rental period runs from the first day of the month through the last day of the month.
If the landlord or tenant wants the tenancy to end on June 30, written notice should be given at least 30 days before June 30. In practice, that usually means delivering the notice no later than May 31.
If the notice is delivered on June 5, it may be too late to terminate the tenancy effective June 30. The termination date may instead move to the end of the next monthly rental period.
Example 2: Month-to-Month Tenancy With a Mid-Month Rental Period
Not every monthly tenancy runs from the first through the last day of the calendar month.
Assume the rental period runs from the 15th of one month through the 14th of the next month. If either party wants to terminate the tenancy at the end of the period ending August 14, the written notice should be delivered at least 30 days before August 14.
That means the notice should generally be delivered no later than July 15.
Example 3: Week-to-Week Tenancy
Assume the tenant rents week-to-week, and the rental week ends every Sunday.
If either party wants the tenancy to end on Sunday, July 7, written notice should be given at least 7 days before that date. The notice should generally be delivered no later than Sunday, June 30.
Example 4: Quarter-to-Quarter Tenancy
Assume the tenancy runs by calendar quarters: January through March, April through June, July through September, and October through December.
If either party wants the tenancy to end on September 30, written notice should be given at least 30 days before September 30. That generally means delivery no later than August 31.
Example 5: Year-to-Year Tenancy
Assume a year-to-year tenancy runs from January 1 through December 31.
If either party wants the tenancy to end on December 31, written notice should be given at least 60 days before December 31. That generally means delivery no later than November 1.
The Notice Must Be in Writing
Section 83.57 requires written notice. A phone call, casual conversation, or text message may not be enough.
Florida law also specifies how certain landlord-tenant notices must be delivered. Depending on the circumstances, written notice may be delivered by mail, personal delivery, qualifying email, or by leaving a copy at the residence if the tenant is absent.
Because notice disputes often turn on proof, the party giving notice should keep a copy of the notice and evidence of delivery.
How State Preemption Changed Local Notice Rules
For several years, some Florida counties and cities had local ordinances that gave residential tenants more notice than Section 83.57 required.
This became especially common during and after the COVID-19 pandemic. Local governments were dealing with housing instability, sharp rent increases, and displacement concerns. In response, counties such as Miami-Dade and Broward adopted local rules requiring longer advance notice before terminating certain residential tenancies or imposing substantial rent increases.
Miami-Dade County, for example, first expanded the notice period for certain month-to-month residential tenancies from 15 days to 30 days. The County later amended its ordinance to require 60 days’ notice for certain month-to-month tenancy terminations and to require advance written notice for certain rent increases. Broward County also adopted a fair notice ordinance addressing written notice periods for certain residential tenancy terminations and rent increases.
At the time, those local ordinances were based in part on the view that Florida law had not fully preempted local governments from providing greater notice protections. Miami-Dade’s legislative materials cited Florida Attorney General Opinion 94-91, which concluded that the Legislature had provided minimum notice rights under Section 83.57 and that a local government could enlarge the notice period without directly conflicting with the statute. Under that reasoning, a local ordinance requiring more notice was considered supplemental to state law because a landlord could comply with both the state statute and the local ordinance by giving the longer notice.
That legal landscape has changed.
Florida has now enacted Florida Statute § 83.425, a broad preemption statute for residential tenancies. Section 83.425 states that the regulation of residential tenancies, the landlord-tenant relationship, and other matters covered by Part II of Chapter 83 are preempted to the state. It also expressly supersedes local government regulations on covered matters, including the rights and responsibilities of landlords and tenants, rental agreement terms, disclosures, fees charged by landlords, and notice requirements.
As a result, the older local notice ordinances should not be treated as controlling for residential tenancy matters covered by Chapter 83, Part II. While local governments such as Miami-Dade and Broward previously extended termination notice periods under the prior legal framework, those local notice rules are now generally preempted by Section 83.425.
This is why landlords and tenants should be careful when relying on older county guidance, city forms, tenant bill of rights materials, or online articles. A local rule that may have been valid or enforceable before statewide preemption may no longer control.
For a tenancy without a specific duration, the current statewide notice periods in Section 83.57 are:
| Type of Tenancy | Current Florida Notice Period |
| Year-to-year | 60 days before the end of the annual period |
| Quarter-to-quarter | 30 days before the end of the quarterly period |
| Month-to-month | 30 days before the end of the monthly period |
| Week-to-week | 7 days before the end of the weekly period |
The practical takeaway is straightforward: for residential tenancies covered by Florida’s Residential Landlord and Tenant Act, the notice requirements now come from state law, not county-by-county or city-by-city ordinances. Local ordinances that attempted to impose longer notice periods for covered residential tenancy terminations have generally been superseded by Section 83.425.
Landlords: Section 83.57 Is Not the Same as an Eviction Notice
A notice under Section 83.57 is a termination notice for a tenancy without a specific term. It is not the same as a three-day notice for nonpayment of rent or a seven-day notice for a lease violation.
If the tenant remains after the termination date, the landlord may need to pursue the proper legal process to recover possession. Landlords should not lock out a tenant, shut off utilities, remove doors, remove the tenant’s belongings, or take other self-help actions.
A proper termination notice may be the first step, but it does not by itself physically remove a tenant from the property.
Tenants: Giving Notice Can Protect You From Extra Rent
Tenants should also take Section 83.57 seriously. Moving out without proper notice can create a dispute over additional rent, fees, or deposit deductions.
Before moving out, a tenant should review the rental agreement, confirm the rental period, prepare a written notice, and deliver it in a way that can be proven later.
A tenant should also avoid assuming that “30 days’ notice” always means 30 days from any random date. The timing should be calculated by looking at the applicable rental period and the date the tenant wants the tenancy to end.
What About Fixed-Term Leases?
A fixed-term lease is different. If a lease has a specific start date and end date, Section 83.57 may not be the main rule.
Florida law allows fixed-term leases to include notice requirements before the tenant vacates at the end of the lease, but those provisions are subject to statutory limits. For many fixed-term leases, the written lease controls important issues such as renewal, nonrenewal, early termination fees, and required move-out notice.
Landlords and tenants should read the lease carefully before assuming that Section 83.57 applies.
Common Mistakes to Avoid
Common problems include:
- Giving oral notice instead of written notice;
- Using the wrong notice period;
- Relying on the old 15-day month-to-month rule;
- Counting days incorrectly;
- Failing to align the notice with the end of the rental period;
- Confusing lease termination with eviction;
- Relying on older local ordinances from Miami-Dade, Broward, Miami Beach, or other jurisdictions without checking whether those rules have been superseded by Florida’s statewide residential tenancy preemption statute;
- Ignoring different rules for fixed-term leases; and
- Failing to keep proof that notice was delivered.
Bottom Line
Florida Statute § 83.57 gives landlords and tenants a statewide framework for terminating a residential tenancy without a specific duration. The required notice depends on the rental period: 60 days for year-to-year, 30 days for quarter-to-quarter, 30 days for month-to-month, and 7 days for week-to-week tenancies.
Although some local governments previously extended residential tenancy notice periods after COVID-19, Florida has since adopted a broad statewide preemption statute. For covered residential tenancies, Section 83.425 now supersedes local regulations on notice requirements, meaning landlords and tenants should look to the current statewide notice periods in Section 83.57 rather than older county or city ordinances.
The notice should be in writing, properly delivered, and timed so that the required notice period expires before the end of the applicable rental period. Because timing mistakes can delay termination or create rent and possession disputes, landlords and tenants should confirm the rental period, use the current statutory notice period, and keep proof of delivery.
Need Help With a Florida Lease Termination Issue?
If you are a landlord or tenant dealing with a month-to-month tenancy, nonrenewal, holdover tenant, or lease termination dispute, legal guidance can help you avoid costly mistakes. Contact our office to discuss your rights, obligations, and next steps under Florida landlord-tenant law.