The key document in a residential lease is the rental agreement. This legal instrument outlines all the essentials of the tenant-landlord relationship, including the conditions to terminate and renew the lease.
Does a landlord have to give notice if not renewing a lease in Florida? Click here to find out.
Does a Landlord Have to Give Notice If Not Renewing Lease in Florida? – In Detail
The statutory notice requirements to be provided by landlords if not renewing a lease depend on whether the rental agreement has a specific term or not.
When the term of a lease is getting close to the end, either the landlord or the tenant may provide a notice of non-renewal. This document’s purpose is to give the other party sufficient notice that the current contract will not be renewed for a new term.
Before sending notice of non-renewal, the interested party must review the rental agreement to identify how much notice the other party should receive.
Notice of Non-Renewal in Leases Without a Specific Term
Florida Statutes §83.46 (2) determines that “if the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable.”
Accordingly, “if the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.”
If the rental agreement has no specific term, Florida Statutes §83.57, “may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
- When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period
- When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period
- When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period, and
- When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period”
Notice of Non-Renewal in Leases With a Specific Term
Conversely, Florida Statutes §83.575 (1) specifies that “a rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed.”
The same statute expressly states that “a rental agreement may not require more than 60 days’ notice from either the tenant or the landlord.”
If the rental agreement specifies that the tenant must provide notice before vacating the premises, a failure to meet this condition may result in liquidated damages as specified in the contract.
In such cases, the tenant must provide “written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated.”