Can You Charge a Tenant for Not Giving Move-Out Notice in Florida?

Florida law provides residential landlords with the ability to charge a tenant liquidated damages if the tenant fails to provide proper notice of their intent to vacate at the end of the lease term. This remedy is governed by F.S. 83.575, which outlines the specific steps a landlord must follow to enforce this provision.

Landlords must understand that the right to collect liquidated damages is not automatic. It requires advance planning, proper lease provisions, and strict compliance with the statute. Below is a practical guide for landlords on how to effectively implement this option and avoid legal pitfalls.

What is F.S. 83.575? Florida’s Liquidated Damages Law

Section 83.575 allows a landlord to require tenants to give advance written notice of their intention to vacate or renew the lease when the lease is approaching its expiration. If the tenant fails to provide the required notice, the landlord can charge liquidated damages, which is an agreed-upon amount stated in the lease, but only if the landlord has provided proper notice to the tenant of this obligation.

3 Critical Steps to Enforce Liquidated Damages in Florida

Step 1: Draft an Ironclad Lease Clause

• Specifies the tenant’s obligation to give advance notice of their intention to vacate or renew.
• The tenant’s obligation to give notice to the landlord of their intent to vacate upon expiration of the lease term must be between 30 and 60 days prior to the end of the lease term (no more and no less).
• Clearly states the amount of liquidated damages, fees or penalties the tenant will owe if they fail to give the required notice.

Step 2: The 90-Day Pre-Lease Review & Renewal Decision

• Inspect the premises to determine the condition of the property and whether the tenant has properly cared for the property.
• Review the tenant’s rental history (timely payments, complaints, overall tenancy).
• Decide whether the landlord wishes to offer a renewal or require the tenant to vacate.

This evaluation ensures the landlord is proactive and avoids last-minute decisions that could impact their ability to enforce the liquidated damages clause and to properly renew or non-renew the lease.

If the landlord determines to non-renew the tenancy, the landlord should provide adequate and timely notice of non-renewal to the tenant (note: if the lease requires the tenant to give notice to vacate, say, 60 days prior to the end of the lease, then the landlord must also give the tenant notice of non-renewal 60 days prior to the lease end.)

If the landlord determines to renew the tenancy, the landlord should send an offer of renewal to the tenant, and in that offer, the landlord should include notice of the tenant’s obligation to notify the landlord of tenant’s intent to vacate, which is discussed below. By combining the landlord’s offer of renewal with notice of the tenant’s obligation to give landlord notice of vacating, it helps to ensure a smoother and clearer renewal or vacate process.

Step 3: Send the Mandatory 15-Day Reminder Notice

Under F.S. 83.575(2), if the landlord wants to enforce liquidated damages, the landlord must give the tenant written notice of the tenant’s notice obligation at least 15 days before the tenant’s own deadline to provide notice. In this notice, the landlord should consider offering the terms of renewal.

For example, if the lease requires 60 days’ notice to vacate from the tenant, the landlord must send this reminder notice between 75 to 61 days before the lease ends. The landlord’s notice must:

• Remind the tenant of their lease obligation to give written notice to renew or vacate.
• State the consequences (liquidated damages) if the tenant fails to provide the required notice.

Avoid These Costly F.S. 83.575 Compliance Mistakes

• No Automatic Penalties: Landlords cannot charge liquidated damages for a tenant’s failure to give a notice of vacating unless both the lease clause and statutory notice requirements are satisfied.
• Fixed Damages Only: The amount must be agreed upon in advance in the lease – landlords cannot arbitrarily determine the amount after the tenant fails to give notice.

Florida Landlord Checklist for Lease Expiration & Notices

• Use a Standard Checklist: Create a 90-day lease expiration checklist that includes property inspection, tenant screening for renewal, and sending required notices.
• Document All Notices: Keep copies of all notices and send them as permitted by law (e.g. hand-delivery, posting on the premises, mail, e-mail pursuant to F.S. 83.505).
• Offer to Renew Plus Obligation Notice: Combine an offer to renew (assuming renewal is the landlord’s choice) with the landlord’s notice reminding the tenant of his obligation to give notice of vacating.
• Be Clear in Lease Drafting: The lease provision on notice and liquidated damages should be clearly stated and signed by all parties.
• Review Lease Agreement: Make sure your lease agreements comply with F.S. 83.575.

Key Takeaway: Proactive Planning Unlocks F.S. 83.575

Charging liquidated damages for failure to give notice is a powerful tool for Florida landlords, but it only works when planned and executed correctly. By performing a thorough 90-day pre-lease-end assessment, deciding on renewal early, and sending timely reminder notices and renewal offers, landlords can fully preserve their rights under F.S. 83.575 and better manage their rental properties.