Tenant S 60 Day Notice Of Termination Of Tenancy: Fill & Download for Free

The 2019 Florida StatutesTitle VICIVIL PRACTICE AND PROCEDUREChapter 83Florida LANDLORD AND TENANTView Entire Chapter83.575 Termination of tenancy with specific duration.—(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed; however, a rental agreement may not require more than 60 days’ notice from either the tenant or the landlord.(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.(3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month’s rent.History.—s. 3, ch. 2003-30; s. 1, ch. 2004-375; s. 9, ch. 2013-136.

On one of my properties, there is a family member who has been living there for 3 year, rent- free. As such there is no lease. They do pay for the utilities and internet. How would the eviction process work if need be? FLORIDAThey are considered “at will” or “month-to-month” tenants, which means you must first serve them with an official notice that their tenancy is ending. In Florida, it is called a “tenancy without a specific term”, meaning there is no written lease with an expiration date.Check Florida state law (Fla. Stat. Ann. § 83.57 for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. (see the link below)Basically, you must serve them with a 15-day notice that their tenancy is being terminated and they must vacate the premises by <<insert date no less than 15 days from the date of service>>. You will need to check yourself to see HOW the notice must be served. Usually, certified mail and/or hand-delivery with a receipt signed by the tenant is sufficient in most states, although some require any notices to be posted by a licensed process server. It never hurts to do that, since you’re guaranteed that the notice will be posted properly and you’ll have proof-of-service that a judge will accept.If they do not leave by the end of the 15 days, the you can move into the eviction process.Please note that even if you serve the notice and even if you do get an eviction order, you cannot MAKE them move until at least August 1, thanks to the CDC moratorium.The 2020 Florida StatutesTitle VICIVIL PRACTICE AND PROCEDUREChapter 83LANDLORD AND TENANTStatutes & Constitution :View Statutes : Online SunshineCHAPTER 83 CHAPTER 83 LANDLORD AND TENANT PART I NONRESIDENTIAL TENANCIES (ss. 83.001-83.251) PART II RESIDENTIAL TENANCIES (ss. 83.40-83.683) PART III SELF-SERVICE STORAGE SPACE (ss. 83.801-83.809) PART I NONRESIDENTIAL TENANCIES 83.001 Application. 83.01 Unwritten lease tenancy at will; duration. 83.02 Certain written leases tenancies at will; duration. 83.03 Termination of tenancy at will; length of notice. 83.04 Holding over after term, tenancy at sufferance, etc. 83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises. 83.06 Right to demand double rent upon refusal to deliver possession. 83.07 Action for use and occupation. 83.08 Landlord’s lien for rent. 83.09 Exemptions from liens for rent. 83.10 Landlord’s lien for advances. 83.11 Distress for rent; complaint. 83.12 Distress writ. 83.13 Levy of writ. 83.135 Dissolution of writ. 83.14 Replevy of distrained property. 83.15 Claims by third persons. 83.18 Distress for rent; trial; verdict; judgment. 83.19 Sale of property distrained. 83.20 Causes for removal of tenants. 83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent. 83.202 Waiver of right to proceed with eviction claim. 83.21 Removal of tenant. 83.22 Removal of tenant; service. 83.231 Removal of tenant; judgment. 83.232 Rent paid into registry of court. 83.241 Removal of tenant; process. 83.251 Removal of tenant; costs. 83.001 Application. — This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter. History. — s. 1, ch. 73-330. 83.01 Unwritten lease tenancy at will; duration. — Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. 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. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year. History. — ss. 1, 2, ch. 5441, 1905; RGS 3567, 3568; CGL 5431, 5432; s. 34, ch. 67-254. 83.02 Certain written leases tenancies at will; duration. — Where any tenancy has been created by an instrument in writing 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, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year. History. — s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 6http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.History.—s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.

You should you give tenant notice 60 days in advance of the lease expiration date that you will not be renewing the lease. There is no cause for eviction, as a landlord it is your ownership right not to renew a lease.Check for the Landlord and Tenant Act in the state the rental is in for the exact number of days in advance of the expiration date to give notice on non-renewal of lease.In Florida,The 2013 Florida StatutesTitle VICIVIL PRACTICE AND PROCEDUREChapter 83LANDLORD AND TENANTView Entire Chapter83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.History.—s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.