A Florida 60 day notice to vacate is required in two situations: to end a year-to-year tenancy anywhere in the state, and to end a month-to-month residential tenancy in Miami-Dade or Broward County. In the rest of Florida, a month-to-month tenancy needs only 30 days’ notice. Getting the period wrong can void the termination and hand the other party extra weeks in the property.
When the 60-Day Rule Applies
State law sets the 60-day requirement for year-to-year tenancies, where rent is payable annually. The notice must be delivered in writing at least 60 days before the end of the annual period.1Justia. Florida Code 83.57 – Termination of Tenancy Without Specific Term This applies statewide, regardless of the county.
Two counties extend the 60-day rule to month-to-month residential tenancies through local ordinances:
- Miami-Dade County Ordinance 22-30 requires at least 60 days’ written notice before the end of any monthly period to terminate a month-to-month residential tenancy. It applies in both incorporated and unincorporated areas and binds landlords and tenants alike.2Miami-Dade County. Fair Notice for Rent Increases – Ordinance 22-30
- Broward County adopted a similar ordinance effective May 1, 2022, requiring 60 days’ written notice to end a monthly or quarterly residential tenancy. Both parties must comply.
If you rent month-to-month in either county, the 60-day period applies whether you are the landlord ending the tenancy or the tenant giving notice.
When 60 Days Is Not the Right Notice
Florida ties notice length to how often rent is paid. If your lease has no fixed term, the payment schedule controls.3Florida Senate. Florida Code 83.46 – Rent; Duration of Tenancies The statutory minimums are:
- Year to year: 60 days before the end of the annual period
- Quarter to quarter: 30 days before the end of the quarterly period
- Month to month: 30 days before the end of the monthly period (60 days in Miami-Dade and Broward)
- Week to week: 7 days before the end of the weekly period
These are floors. A lease can require a longer notice period but not a shorter one.1Justia. Florida Code 83.57 – Termination of Tenancy Without Specific Term Either party can terminate by giving the required notice, and no reason has to be stated. These are no-cause terminations.
A separate rule governs a tenant breaking a fixed-term lease early. That’s a breach, not a no-cause termination, and it involves either a signed early termination addendum capped at two months’ rent or continuing rent liability until the landlord relets the unit through good-faith efforts.4Florida Senate. Florida Code 83.595 – Choice of Remedies Upon Breach or Early Termination by Tenant A 60-day notice does not free a tenant from a fixed-term lease.
How to Count the 60 Days
The notice period runs backward from the end of a rental period, not forward from the delivery date. If rent is due on the first of each month, the end of the monthly period is the last day of that month.
Take a Miami-Dade example. A landlord who wants the tenancy to end on August 31 must deliver the notice by July 1, so the tenant has a full 60 days before August 31. If the notice arrives on July 5, the earliest possible termination date pushes to September 30, because Florida does not allow ending in the middle of a rental period and the July delivery no longer clears the 60-day window before August 31.
The same logic applies to the statewide 30-day rule outside Miami-Dade and Broward. Miss the deadline by a day and the tenancy runs through the next full period.
What the Notice Must Contain
Florida does not prescribe an official form for a no-cause termination, but a vague notice invites a challenge in court. A workable notice includes:
- The full legal name of every tenant on the lease
- The complete property address, with any unit or apartment number
- A clear statement that the tenancy is being terminated
- A specific termination date that satisfies the applicable notice period
- The date the notice was prepared and the signature of the landlord or authorized property manager
Language like “you need to leave in about 60 days” without a firm date is exactly the kind of ambiguity a judge will hold against the party who wrote it. Name the date.
How the Notice Must Be Delivered
Florida recognizes four delivery methods: mailing the notice, hand-delivering a copy, emailing it if the lease allows electronic communication under Section 83.505, or leaving a copy at the tenant’s residence if the tenant is absent.5The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The lease cannot waive these delivery rules.
Regular mail creates no proof of receipt. Certified mail with return receipt does. Hand delivery with a witness is stronger still. If the matter goes to eviction, the court will ask exactly how the notice reached the tenant, and a landlord without documentation is in a poor position.
If the Tenant Stays Past the Termination Date
A tenant who remains in the property after the termination date is a holdover tenant. The landlord cannot change the locks, cut utilities, or remove belongings without a court order. Florida prohibits these self-help remedies, and a landlord who uses them can be liable for the tenant’s actual damages or three months’ rent, whichever is greater.6The Florida Legislature. Florida Code 83.67 – Prohibited Practices
The legal route is an action for possession filed in county court. The filing fee is $185.7Florida Senate. Florida Code 34.041 – Filing Fees Beyond recovering the property, a landlord can seek double the monthly rent for the entire holdover period.8Florida Senate. Florida Code 83.58 – Remedies; Tenant Holding Over On a $2,000 rental, a two-month holdover can create $8,000 in rent liability instead of $4,000.
If You’re the Tenant Giving the Notice
A tenant on a month-to-month arrangement in Miami-Dade or Broward can end the tenancy by giving the landlord 60 days’ written notice before the end of a monthly period. Outside those counties, 30 days is enough. Statewide, a year-to-year tenant needs 60 days before the end of the annual period.1Justia. Florida Code 83.57 – Termination of Tenancy Without Specific Term
Deliver the notice by a method that creates proof, name a specific move-out date that satisfies the period, and provide a written forwarding address so the landlord can send your security deposit or any claim against it. If you are inside a fixed-term lease rather than a periodic tenancy, a 60-day notice does not release you from the lease; the early-termination rules under Section 83.595 apply instead.