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Notice of Termination of a Lease in Florida

Notice of Termination of a Lease in Florida

To properly terminate a lease, a tenant must give her landlord written notice of her intent to terminate her tenancy. State laws govern the amount of notice that tenants must provide to avoid responsibility for future rent payments. In Florida, Section 83.57 of the Florida Statutes establishes the respective rights of landlords and their tenants for early lease terminations.

Oral Leases

    Oral lease agreements are terminable at will, and neither party needs a reason to terminate the lease. Florida law bases the amount of time between rent payments to determine the amount of notice necessary for termination. A landlord or tenant can end an oral monthly lease agreement by providing 15 or more days of written notice. If a tenant pays rent on a weekly basis, she must provide at least seven days of written notice to terminate her lease. Conversely, her landlord must give her at least seven days to terminate her lease. For tenants who have yearly lease agreements, they must provide at least 60 days of advance written notice.

Written Leases

    A tenant can terminate a written lease agreement when the lease is over unless the lease specifically allows for early termination. If the lease allows for early termination, both parties must follow the termination notice requirements within the agreement. Landlords who allow tenants to terminate their leases before the end of their lease terms cannot require them to provide more than 60 days of advance notice.

Notice Timing and Duty to Mitigate Damages

    The notice that either party must give must be provided before the next rent payment is due. For example, a tenant with an oral month-to-month agreement must give notice by October 15 if she wants to terminate the lease by November 1. If she provides notice after the 15th, she is liable for another month of rent. Even when a tenant fails to properly terminate her lease, her landlord has a legal duty to mitigate damages by taking affirmative steps to rent the vacant apartment.

Holdover Tenants and Early Termination

    In Florida, a tenant who prematurely ends her lease without providing sufficient notice is liable for the remaining rent, although her landlord must mitigate his damages by looking for a replacement tenant. Landlords have no legal obligation to approve subleasing arrangements unless their leases allow tenants to enter into subleases. Under Florida law, a landlord who properly terminates a lease after providing a sufficient amount of notice is entitled to collect double rent payments as damages if his tenant does not move out. A landlord can file an "unlawful detainer" lawsuit against his holdover tenant.


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