Florida’s 15-day eviction notice no longer exists. Effective July 1, 2023, the legislature amended Florida Statute 83.57 to require at least 30 days’ written notice before the end of any monthly rental period to end a month-to-month tenancy.1Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term Any notice served today that still reads “15 days” is based on repealed law and will not support an eviction case.
What Changed in July 2023
Before July 2023, either party could end a month-to-month tenancy with 15 days’ notice before the next rent period began. The legislature doubled that window. The rule cuts both ways: landlords and tenants each owe the other at least 30 days’ written notice before the end of a monthly period.2Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term
If a landlord serves a 15-day notice and then files for eviction, the case will likely be dismissed for defective notice. Older template forms need to be updated before use.
When the 30-Day Notice Applies
This is a “no-fault” termination. The landlord does not need a reason. There is no accusation of unpaid rent or a broken lease rule. The landlord decides not to continue renting, and the law gives the tenant time to find a new place.
The 30-day notice only fits tenancies without a fixed end date. A one-year lease generally cannot be cut short with a no-fault notice. Month-to-month tenancies are the usual target, whether the parties agreed to that arrangement from the start or a fixed-term lease expired and the tenant kept paying monthly rent without signing a new one. Florida classifies the tenancy by how often rent is paid.3Justia Law. Florida Code 83.46 – Rent; Duration of Tenancies
Timing trips people up. The requirement is 30 days before the end of a monthly period, not simply 30 days from the day you hand over the paper. If rent is due on the first, a notice served on June 10 does not end the tenancy on July 10. The earliest lawful end date is July 31, because the notice has to be given before the end of a monthly period and at least 30 days in advance.
Notice Periods for Other Tenancy Types
The 15-day rule is gone across the board. Florida now sets these periods for periodic tenancies with no fixed end date:2Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term
- Year-to-year: at least 60 days before the end of any annual period
- Quarter-to-quarter: at least 30 days before the end of any quarterly period
- Month-to-month: at least 30 days before the end of any monthly period
- Week-to-week: at least 7 days before the end of any weekly period
What the Notice Must Include
A defective notice is one of the most common reasons an eviction gets dismissed, especially when a landlord files without an attorney. At a minimum the notice should contain:
- The full legal name of every tenant on the rental agreement
- The complete street address of the rental unit
- A clear, unambiguous statement that the tenancy is being terminated
- The specific date the tenancy ends, calculated to satisfy the 30-day requirement
- The landlord’s or authorized agent’s signature and the date signed
Vague language is the biggest drafting problem. “You need to move out soon” or “your tenancy may be ending” does not terminate anything. Use a direct statement: “Your tenancy is terminated effective [date].”
How to Deliver the Notice
Florida law specifies delivery methods, and using the wrong one can invalidate an otherwise perfect notice. Three options are available:4Justia Law. Florida Code 83.56 – Termination of Rental Agreement
- Hand delivery to the tenant. This is the cleanest method because it removes any dispute about receipt.
- Leaving a copy at the residence if the tenant is not home. Taping it securely to the front door is common practice.
- Mailing a copy to the tenant. This works but introduces uncertainty about when the tenant actually received it, which can create disputes over whether the full notice period was satisfied.
Keep proof either way. Bring a witness for hand delivery or get an acknowledgment signed. Photograph any copy left at the door. Use certified mail with return receipt if mailing. Florida courts require an affidavit of service confirming proper delivery.
How the 30-Day Notice Differs From a 3-Day or 7-Day Notice
The 30-day no-fault notice is one of several eviction tools, and it is the wrong one if the tenant has actually done something wrong.
A 3-day notice covers unpaid rent. After the tenant misses a payment, the landlord delivers a written demand for the rent or possession. If the tenant does not pay within three days, excluding Saturdays, Sundays, and court-observed holidays, the landlord can terminate the agreement.4Justia Law. Florida Code 83.56 – Termination of Rental Agreement
A 7-day notice covers lease violations other than unpaid rent. If the problem is fixable, like an unauthorized pet or a failure to maintain the unit, the notice gives seven days to correct it. If the problem is not fixable, like intentional property damage or repeated disturbances after a prior written warning, the notice gives seven days to leave.4Justia Law. Florida Code 83.56 – Termination of Rental Agreement
If the Tenant Does Not Leave
Once the termination date passes, a tenant who stays becomes a holdover tenant. From that point on, the landlord’s only lawful option is court. Florida does not allow any form of self-help eviction.5FindLaw. Florida Code 83.67 – Prohibited Practices
Filing for Possession
The landlord files a complaint for possession in the county court where the property is located.6Justia Law. Florida Code 83.59 – Right of Action for Possession Eviction cases move on Florida’s summary procedure schedule, which is faster than an ordinary civil case. Filing fees typically run between $185 and $300 depending on the county. After the complaint is filed, the court issues a summons, and the tenant has five business days to respond in writing, excluding the day of service, weekends, and legal holidays.
Double Rent for Holdover Tenants
A landlord facing a holdover can also demand double the rent due for every day the tenant refuses to give up the property.7Online Sunshine. Florida Code Chapter 83 – Landlord and Tenant The penalty runs from the termination date until the tenant actually leaves. At $2,000 monthly rent, two weeks of holding over adds roughly $2,000 on top of the regular rent already owed.
The Writ of Possession
If the court rules for the landlord, the clerk issues a writ of possession directing the sheriff to remove the tenant. The sheriff posts the writ at the property, and the tenant has 24 hours after posting to leave.8Florida Senate. Florida Code 83.62 – Restoration of Possession to Landlord After that, the sheriff physically removes them. This is the only lawful way to force a tenant out of a property in Florida.
What a Landlord Cannot Do
No matter how clearly the tenant is in the wrong, taking matters into your own hands is illegal. A landlord cannot:5FindLaw. Florida Code 83.67 – Prohibited Practices
- Shut off utilities, including water, electricity, gas, or garbage collection
- Change the locks or use any device to block the tenant’s access
- Remove doors, windows, or walls from the unit
- Remove the tenant’s belongings before a lawful eviction is complete
A landlord who violates any of these rules owes the tenant actual damages or three months’ rent, whichever is greater, plus attorney’s fees and costs.5FindLaw. Florida Code 83.67 – Prohibited Practices Each separate violation can trigger its own damages award. Changing the locks and shutting off the water is two violations, not one. The law also treats these acts as irreparable harm, so a tenant can obtain an injunction to stop the conduct immediately.