Florida's Quit and Holdover The "must have" clause of every lease

Property law in every state will contain language specifying the time frame required for giving notice to either stay or go, and providing protections to both the landlord and the tenant. In some cases the tenant’s failure to provide the required notice can result in significant monetary penalties. Florida is one of those states where a financial penalty is imposed, so let’s review it here.

Time Frame for Notices

If the 30 days notice is not provided by the tenant then he is liable for the rental amount for the following month, as long as the unit is not re-rented to another tenant.

In Florida a tenant must give the landlord 30 days written notice of his intention to vacate the premises at the end of the agreement term. He could be staying, or he could be moving on, but he has to provide that 30 days notice. If the 30 days notice is not provided by the tenant then he is liable for the rental amount for the following month, as long as the unit is not re-rented to another tenant. In the case of a month-to-month lease the landlord must provide 30 days notice to terminate.

The other important time frame is for the notice of penalty that the landlord is required to provide the tenant. The notice of penalty informs the tenant that if they don’t provide the 30 days written notice of their intent to vacate they will incur a penalty of one month’s rent. The landlord is required to provide this notice of penalty at least 45 days prior to the end of the agreement term. What happens if the landlord does not provide the notice of penalty? You guessed it, they forfeit the right to impose the penalty.

Holdover Tenancies

In Florida the landlord has the right to charge double the monthly rent amount as holdover rent.

When a tenant remains in possession of the rental after the agreement term expires they are considered a “holdover tenant” . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate. In Florida the landlord has the right to charge double the monthly rent amount as holdover rent. Obviously it’s much more expensive to be a holdover tenant, so if you have properties in Florida make sure your tenants are aware of the rent escalation if they become a holdover tenant.