A Florida 15 Day Notice To Vacate terminates a week-to-week lease or a situation with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least fifteen (15) calendar days before the date of termination.
A Florida 15 Day Notice To Vacate terminates the following types of tenancy: [1]
As of 2024, Florida law does not specifically require 15 days of notice to terminate any tenancy. It may be used as a courtesy to give extra notice for any type of tenancy which normally would use a 7 Day Notice To Terminate.
Some types of Florida lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
To help ensure the legal compliance of a Notice To Vacate:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
Florida law is not specific on means for delivery of a Notice To Vacate, so landlords and tenants may use any method which makes the other party actually aware of such a notice. The following methods, used in eviction and noncompliance contexts, represent the legal gold standard for the state: [2]
Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times. [3]
In almost all cases, notice is legally served when it is received by the other party , NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
A tenancy without a specific duration, as defined in s. 83.46(2) or (3) , may be terminated by either party giving written notice in the manner provided in s. 83.56(4) , as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period; (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period; (3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).
