Boca Raton, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: How does the 15-day termination of rental lease notice work in Florida?

I'm renting a house on a month-to-month basis in Florida. Rent is due on the 1st of each month. Section 83.03 of the statute says that a 15-day termination notice must be given 15 days prior to the end any monthly period. So, what does that mean in English? Today's 6/20 and I want to be out by 7/5. The two dates are 15 calendar days apart. Would that work? If not, how does this work? Thank you.

2 Lawyer Answers

A: The statute calls for notice to be 15 days prior the end of the rental term. ie: based upon calendar days. So you may be obligated to pay rent for one more term or period since you missed giving the notice by the 15 of June. All the time periods run based upon the calendar cycle not the days in between your notice and desires move. You and the landlord could likely come to an agreement but you guys need to do so or you can give notice to terminate for July 31 now and move out early but you would technically owe rent unless the landlord agrees to a different arrangement.

A: Mr. Williamson is correct.

You missed the date, which for June was June 15th.

The key here is "when the rent is due".

If the rent is due the 6th of the month, then today the 21st would be 15 days beforehand and notice could be given today.

As it is, you have liability to July 31st. And that is provided you give notice of termination at any time BEFORE July 16th (because there are 31 days in that month) to the landlord.

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