How to Terminate a Tenancy in Florida: A Step-by-Step Guide

The termination of a tenancy occurs when a landlord legally ends a tenant’s tenancy. This process is governed by specific Florida Statutes, including F.S. sections 83.56, 83.57, 83.575, 83.59, and 83.682, which prescribe the legal procedures and requirements that landlords must follow. This article provides for a basic primer of the most common ways leases are terminated and the termination process.

7 Florida Lease Termination Notices You Must Know

Proper and timely notice is essential for legally terminating a tenancy. If a landlord fails to provide proper notice, the landlord does not have grounds for eviction. If notice is delivered correctly and the tenant does not vacate, the landlord can pursue eviction action for possession. The following are notices that a landlord must deliver to terminate the tenancy.

• Notice to Pay or Vacate: If a tenant fails to pay rent within the specified period after receiving at least three (3) days’ notice, the landlord can terminate the tenancy. (F.S. 83.56(3)).
• Notice to Cure – Failure to Cure Lease Violation: A material violation of the lease terms, if not cured within at least 7 days’ written notice period, can give cause for lease termination. (F.S. 83.56(2)(b)).
• Notice To Terminate – Second or Subsequent Violation: If a tenant repeats a similar or same violation within 12 months of being delivered a legally-sufficient 7 Day Notice to Cure within the previous 12 months, the landlord may terminate the lease without allowing for a cure period. (F.S. 83.56(2)(b)).
• Notice to Terminate – Non-Curable Violation: For severe, non-curable breaches, the landlord can terminate the tenancy with at least 7 days’ written notice. (F.S. 83.56(2)(a)).
• Notice to Terminate At-Will Tenancy: A landlord can terminate an at-will (most commonly a month-to-month tenancy) by giving the appropriate notice, based on the type of at-will tenancy. (F.S. 83.57).
• Notice of Non-Renewal at End of Lease Term: If the lease term expires on its own terms, and no renewal or extension is agreed upon, the tenancy ends. (F.S. 83.575).
• Military Tenant Notice to Terminate: a servicemember tenant can terminate the lease early with proper notice. (F.S. 83.682 and SCRA). Note: when there is a conflict between the state and federal statutes, the statute that gives the tenant the greatest protection prevails. At times, Florida law provides greater protection and must be followed; other times, federal law provides greater protection and must be followed.

The 3-Day Notice to Pay or Vacate: For Unpaid Rent

For a tenant’s non-payment of rent, the landlord must deliver 3 days’ written notice (unless the lease requires more days’ notice) to the tenant specifying the default. If the tenant fails to pay all rent demanded in the notice to pay, the landlord can terminate the lease and retake possession if the tenant vacates, but if the tenant fails to vacate pursuant to the lawful notice, the landlord can retake possession by court order in an eviction action with a writ of possession.

7-Day Notices: For Curable and Non-Curable Violations

For a tenant’s violation other than non-payment of rent, the landlord must give the tenant written notice specifying the violation. If the violation is curable (e.g. unauthorized occupant or pets, improper parking, failure to keep lawn cut), the landlord must give the tenant at least 7 days’ notice to cure. If the violation is non-curable (e.g. criminal violation, intentional destruction of property), the landlord must give at least 7 days’ written notice specifying the violation.

If the tenant fails to cure the curable violation or to vacate respectively, the landlord can terminate the lease and retake possession if the tenant vacates, but if the tenant fails to vacate, then by court order in an eviction action with a writ of possession.

Ending a Month-to-Month Tenancy in Florida

When a tenancy is at-will, either party can terminate the tenancy with proper notice under F.S. 83.57. The notice must:

• Be in writing
• Name all tenants subject to the tenancy
• State the date of tenancy termination
• Give the tenant the required number of days prior to the end of the rent payment period

For month-to-month at-will tenancies (a common tenancy), the landlord must deliver notice to terminate the tenancy at least 30 days prior to the “end of the monthly period,” which is the day before rent is due. For example, if rent is due on the first day of the month, the landlord must deliver written notice at least 30 days prior to the first day of the month.

How to Handle Tenant Abandonment and Early Surrender

Abandonment:

If a tenant abandons the premises, the landlord must determine whether the tenant intends to return or not. Abandonment is presumed if the tenant is absent for a period equal to half the time for periodic rent payments and has not notified the landlord in writing of an intended absence.

To confirm abandonment, the landlord should investigate the facts to make a sound determination, including checking utilities, contacting neighbors, and inspecting the premises.

If abandonment seems more likely than not, the landlord should prepare a Notice of Abandonment and deliver it to the tenant. If the tenant fails to respond as required by the notice, the landlord may consider the property abandoned.

The landlord can then terminate the tenancy and take possession pursuant to its remedies under F.S. 83.595. It is advisable to seek legal advice before taking possession based on abandonment, because determining abandonment is very fact specific. Consult an attorney before terminating the tenancy.

Surrender:

When a tenant voluntarily surrenders the premises prior to the natural expiration of the lease term, the landlord may accept the surrender and choose terminate the tenancy. If the landlord does not wish to accept the surrender, the landlord should notify the tenant and state the landlord’s intention to hold the tenant liable to the lease.

Upon the tenant’s breach of the lease for early termination, the landlord must look solely to F.S. 83.595 for his remedy options. The landlord may choose only one remedy option, and the landlord should notify the tenant of which remedy option the landlord is choosing.

Lease Termination Procedures After a Tenant’s Death

If the last remaining tenant dies, the landlord can terminate the tenancy, but only after meeting certain conditions prescribed in F.S. 83.59(3)(d):

• The last remaining tenant of a dwelling unit is deceased,
• Personal property remains on the premises,
• Rent is unpaid,
• At least 60 days have elapsed following the date of death, and
• The landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative.

Handling Lease Expiration: Renewal vs. Non-Renewal

In cases where a residential lease is for a specific term, typically one year, the lease may specify what happens at the end of the term. Common provisions include:

• Automatic Conversion to Month-to-Month: The lease may convert to a month-to-month agreement unless either party gives notice of non-renewal.
• No Automatic Renewal: The lease may end automatically without converting to month-to-month, requiring either party to give notice if they wish to renew.
• Automatic Renewal: The lease automatically renews for an additional term without notice requirements. This is not advisable in many cases.

Preparing for the End of Lease

Landlords have several options when preparing for the end of a lease term:

• Terminate Without Renewal: The lease ends, and the tenant must vacate.
• Offer Month-to-Month: Allow the tenant to stay on a month-to-month basis.
• Offer Specific Renewal Period: This is less common and should be done with legal advice.
• Provide Renewal Choices: Offer the tenant the option of a new lease term or a month-to-month arrangement.

The landlord’s preparing for the end of the lease term is important for several reasons. The landlord should determine what he wants to do with the tenancy in a sufficient time prior to the natural expiration of the lease term so that he can prepare accordingly, including delivering timely and proper notice to the tenant. The landlord’s preparations should include:

• Perform tenancy review and rate the tenant’s performance.
• Perform property inspection about 3 months prior to the end of lease term to determine whether the tenant is caring for the property.
• Determine what action you want to take with the tenant (e.g. terminate, offer to renew, go month-to-month).
• Timely deliver notices according to the landlord’s determination.

Lease Renewal Considerations

Before renewing a lease term, Landlords should consider relevant factors, including the following:

• Tenant’s rent payment history
• Tenant’s care for the property
• Tenant problems during tenancy
• Results of tenant’s new application (to ensure qualification)
• Landlord’s plans for his use of the property in the future

Considering all relevant factors, the landlord should decide whether to renew the lease on a specific term, offer a month-to-month option, or terminate the tenancy.

Renewing or Going Month-to-Month

If renewing a lease term or going month-to-month, the landlord should update lease terms and conditions and ensure the tenant that the tenant signs a renewal agreement. Note: landlords should always condition a renewal offer on the tenant’s staying in compliance with their current lease obligations so that a renewal agreement may be voided if the tenant were to violate the current lease agreement.

Non-Renewal

If the landlord plans not to renew the lease term, the landlord must give adequate notice (between 30-60 days’ notice prior to the end of the lease term). The lease may require the parties to provide the other party with notice of non-renewal within a specified time frame, between 30 and 60 days prior to the end of the term (see “Tenant Notice of Intent to Vacate” below; F.S. 83.575).

Effect of Not Timely Giving Notice of Non-Renewal

If the landlord does not timely deliver a non-renewal notice as required by F.S. 83.575, the lease does not require that the tenant vacate upon the natural expiration of the lease, and the tenant remains in possession of the premises, the tenancy is likely converted to a month-to-month, at-will tenancy, and therefore, the landlord would have to terminate the tenancy pursuant to F.S. 83.57.

Tenant’s Notice of Intent to Vacate

Under F.S. 83.575, if the lease agreement does not terminate on its own terms upon the natural expiration of the lease, mandating the tenants to vacate accordingly without notice from the landlord, tenants must give notice if they plan to vacate at the end of the lease term.

The tenant’s notice obligation must be mutual pursuant to F.S. 83.575, meaning that the landlord must also be required to give the tenant notice of non-renewal. If neither the tenant nor the landlord gives notice of non-renewal, and the tenant remains in possession, the tenancy will become at-will or will renew according to the terms of the lease.

The tenant’s failure to give proper notice of his intent to vacate can result in the tenant being liable for liquidated damages, but that liquidated damages may only be charged if the landlord notifies the tenant in writing within 15 days prior to the tenant’s notice obligation of the tenant’s notice obligation.

The landlord’s notice must also state the penalties for failing to give such a notice to the landlord.

If the landlord does not provide the tenant with the required notice of the tenant’s obligation to give notice of intent to vacate, the landlord cannot charge the tenant liquidated damages.

What to Do When a Tenant Holds Over (Stays After Lease End)

If the lease term expires on its own terms or the landlord has given sufficient notice of non-renewal, the tenant is required to vacate at the end of the lease term. If the tenant stays in possession without permission from the landlord, the tenant is a holdover pursuant to F.S. 83.58.

If the tenant becomes a holdover after expiration of the lease, the landlord is entitled to double rent pursuant to F.S. 83.58, but the landlord must provide the tenant with notice of being a holdover. If a landlord fails to provide proper holdover notice, the landlord may not be entitled to claim double rent from a holdover tenant (exceptions may apply if the lease explicitly states that it will not be renewed at the end of the term).

Warning: Why “Self-Help” Evictions Are Illegal in Florida

Landlords cannot forcibly remove a tenant or interfere with their use of the property without going through proper process. Florida law prohibits “self-help” evictions, such as disrupting utilities, changing locks, or removing a tenant’s belongings without following proper legal procedures (F.S. 83.67).

4 Remedies When a Tenant Breaks the Lease and Moves Out Early

Florida Statute 83.595 provides landlords with four specific remedies when a tenant breaches the lease and vacates early:

1. Termination of the Lease: landlord may accept the tenant’s early termination and consider the lease ended. No further rent will be due beyond the date of acceptance of termination.
2. Retaking Possession for the Tenant’s Account: landlord can attempt to re-let the premises on the tenant’s account, giving the tenant credit for any rent collected during the remaining lease term and holding the tenant liable for any rent deficiency. The landlord must make reasonable efforts to re-rent, meaning, the landlord must use the same efforts to re-rent the property as he did when renting it to the terminating tenant.
3. Standing By and Collecting Rent: landlord may allow the property to remain vacant while holding the tenant liable for each monthly rent payment as it becomes due for the remainder of the lease term. The landlord should continue making demand for rent as it accrues but should not allow anyone to live in the property, perform major renovations, or re-rent the property during the remaining lease term. The landlord, however, may secure the property and perform minor maintenance that does constitute “retaking possession”.
4. Charge Liquidated Damages: landlord may charge the tenant the liquidated damages amount (max of 2 month’s rent) provided in the lease provision or addendum.
   Landlords should document their decision, consider legal counsel when determining which remedy best serves their interests, and notify the tenant of the remedy option chosen.

Key Takeaway: Always Follow Florida’s Legal Process

The termination of a tenancy requires strict adherence to Florida statutes and proper procedures. From handling lease violations, non-renewals, and holdovers, to dealing with abandonment or early termination, landlords must be well-informed and deliberate. F.S. 83.595 adds an important layer of decision-making when tenants vacate early, offering landlords clear but exclusive remedies. By understanding these legal requirements and acting with proper notice and documentation, landlords can protect their rights, reduce disputes, and manage properties lawfully.