Business Law 101 / Termination of Leases- Notice Periods

By Albert L. Kelley, Esq.

How to terminate a lease is one of the most frequent questions landlords ask. The way to terminate a lease depends primarily on why it is being terminated. It also depends on the type of lease and the terms of the lease. For this article, we will focus on residential leases as commercial leases are controlled by the language in the lease..

A written lease for a specific term (such as six months) will terminate when the term of the lease ends. In other words, at the end of six months, the Tenant must vacate the premises unless the Landlord allows them to stay after the lease or unless they obtain a new lease. If the tenant fails to vacate the premises at the end of the lease, the Landlord is entitled to file an immediate eviction action.

If the lease does not have a specific term, or if it is a verbal lease, it is deemed a lease at will and can be terminated at any time, subject to the statutory notice provisions. The notice provisions are based upon the payment of rent. If rent is paid on a weekly basis, it is a week-to-week lease. Either party, Landlord or Tenant, may terminate the lease by giving the other party written notice of termination at least one week before termination. If rent is paid on a monthly basis (the most common), it is called a month-to-month lease and may be terminated by either party by giving written notice at least 15 days before the end of the rental period. If rent is paid on a quarterly basis (every three months) the lease is quarter-to-quarter and may be terminated by either party by giving written notice at least 30 days before the end of the rental period. If rent is paid on an annual basis, it is referred to as year-to-year and either party may terminate it by giving written notice at least 60 days before the end of the rental period.

There is no special language that needs to be in the written notice; just a written statement that the party intends to terminate the lease at the end of the rental period.

I want to be clear about the notification period. As mentioned before, the vast majority of residential leases are month-to-month and most Landlords are familiar with the phrase 15-day notice. But often they do not understand the meaning of that phrase. Many Landlords believe they can terminate a month-to-month lease at any time so long as they give the tenant 15 days’ notice. In other words, the Landlord believes they can give the 15-day notice at any time and 15 days later the Tenant must leave. This is incorrect. If rent is paid on the 1st of the month, the Landlord MUST give the notice at least 15 days before the 1st. But no matter how early it is given, the lease cannot be terminated before the 1st. If the Landlord gives the notice less than 15 days before the end of the rental period, it is not effective until the end of the next rental period. In other words, a notice given after the 16th for a 30-day month or the 17th for a 31-day month will not be effective until the end of the following month. Many eviction cases have been lost because the Landlord did not give the proper notice.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord-Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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