Ending a month-to-month lease in Florida: the 30-day notice
Florida lets either side end a month-to-month tenancy with written notice of not less than 30 days before the end of any monthly period. Section 83.57 sets the length, and section 83.56(4) says how the notice is delivered. A tenant who does not leave when the notice runs out becomes a case for county court. The statute does not ask the landlord for a reason.
How long must the Florida notice be?
Florida Statutes 83.57 covers a tenancy without a specific duration, meaning one defined in section 83.46(2) or (3). It lists four lengths. A year-to-year tenancy needs at least 60 days' notice before the end of any annual period, a quarter-to-quarter tenancy needs at least 30 days before the end of a quarterly period, and a month-to-month tenancy needs not less than 30 days' notice before the end of any monthly period. A week-to-week tenancy needs at least 7 days before the end of a weekly period.
The key phrase is "prior to the end of any monthly period." The notice has to land at least 30 days before the last day of the period you are ending, so the tenancy ends on a period boundary, not on a random day 30 days out. Read the lease for when each period starts, since a period running from the 15th to the 14th ends on a different day than one running from the 1st.
How do you deliver it?
Section 83.57 sends you to the delivery rule in 83.56(4): the notice is delivered by mailing or handing over a true copy or, if the tenant is absent from the premises, by leaving a copy at the residence. Because it has to be written, a text or a phone call does not do the job. Keep a dated copy and a note of how and when it was delivered.
Compare this with a breach notice. Section 83.56 gives a 3-day demand for unpaid rent and 7-day notices for other violations, and those end a tenancy for cause. A plain month-to-month notice under 83.57 gives no reason, and it does not require one, so it is the tool to use when nothing is wrong except that you want the unit back or you are changing the arrangement.
Does taking rent after the notice cancel it?
Section 83.56(5)(a) says a landlord who accepts rent with actual knowledge of a tenant's noncompliance waives the right to terminate for that noncompliance. That rule is written for breaches, and the 83.57 notice is not a breach notice, but do not let a ledger entry blur things. Take rent for the days the tenant is entitled to stay, label the payment as rent for the period before the end date, and say nothing that sounds like you are renewing.
Example a made-up landlord has a monthly period that ends Thursday, December 31, 2026. A copy of the notice has to be delivered not less than 30 days before that, so by Tuesday, December 1, 2026. A copy delivered on Wednesday, December 2 is a day short for the December 31 end date, and the next period end, Sunday, January 31, 2027, then needs delivery by Friday, January 1, 2027.
What if the tenant stays after the end date?
Once the tenancy ends and the tenant does not leave, section 83.59 lets you file a complaint in the county court where the unit sits and use the summary procedure in section 51.011. You cannot take the unit back by changing the locks or cutting utilities; section 83.67 bars both and sets damages at the greater of actual damages or three months' rent. If you are unsure whether you must give a different notice because of the lease, a subsidy or a local rule, check before you serve.
- Counting 30 days from the delivery date without checking where the monthly period ends.
- Texting the notice. Section 83.57 requires written notice delivered as 83.56(4) describes.
- Treating the 3-day rent notice and the 30-day notice as one document. They do different jobs.
Where does DoorKeeping fit?
DoorKeeping stores the lease, the rent ledger and a copy of every notice you send, so the date you served and the date it ends are on file if a court asks. You still write, serve and track the notice yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes the notice.
Sources
- Florida Statutes 83.57, Termination of tenancy without specific term (The Florida Senate), read Oct 30, 2026
- Florida Statutes 83.56(4) and (5), Delivery of notices; waiver (The Florida Senate), read Oct 30, 2026
- Florida Statutes 83.59 and 83.67, Right of action for possession; prohibited practices (The Florida Senate), read Oct 30, 2026
Questions
- How much notice ends a month-to-month tenancy in Florida?
- Not less than 30 days' written notice before the end of any monthly period (83.57(3)).
- Does a Florida landlord need a reason to end a month-to-month tenancy?
- Section 83.57 does not ask for one. Check the lease and any subsidy program rules that may.
- How is the notice delivered in Florida?
- By mailing or delivering a true copy, or leaving a copy at the residence if the tenant is absent (83.56(4)).