Tenant is in a month-to-month lease after being on a yearly lease. No month-to-month agreement was signed after the expiration of the yearly lease. How much notice does the Landlord need to give to the Tenant before requesting vacating the property?
This type of lease case is considered in Florida as a unwritten lease tenancy at will as defined in Chapter 83.01 of the Florida Statutes. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable.
In this case, the rent is paid month to month. Therefore, the lease may be terminated by either party, Landlord or Tenant, by giving not less than 15 days’ notice prior to the end of any monthly period. This is according to Chapter 84.03 of the Florida Statutes - Termination of tenancy at will; length of notice.
As an example, if the tenant pays its rent every 1st., the rental period would end on the 30th or 31st of the previous month. Therefore, the 15 days notice must be given at the latest on the 15th or the 16th respectively. This, of course, will change for leases that the rental period changes to other days of the month.
It is recommended to give plenty of time for this notice. This way the time of mailing could be taking into consideration and either party could receive the notice within the time allowed by the law.