Florida Landlord-Tenant law allows owners to terminate a month to month lease prior to the next rental period.

A Residential Lease that lasts for a year can be beneficial for Landlords and Tenants.  The Tenant knows that if they pay rent, they can reside in the property without being evicted. On the other hand, the Landlord receives rent without worrying that the Tenant can break their lease.

The disadvantage of a yearly lease is that neither party can terminate the lease at anytime by giving notice. The only time that the lease can be broken is if the Tenant fails to pay rent after being given a 3 day notice, they violate a non-monetary provision of the lease that does not afford them the opportunity to cure the violation, or if a Landlord fails to maintain the property after being given a seven (7) days’ notice.

A Month-To-Month lease however can be beneficial to a Landlord and a Tenant. Pursuant to Florida Statute 83.57(3), a Landlord or a Tenant can terminate a month-to-month lease.  This occurs by giving 15 days’ notice prior to the beginning of the next rental period.

How Does the Benefit of an Early Termination Notice Relate to a Tenant’s Failure to Pay Rent?

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Regardless if your Tenant paid rent, we will  serve them a 15 day notice of lease termination.

If a Tenant’s lease is month-to-month and they failed to pay, a Landlord can give a 3 day and a 15 day notice.

Therefore, even if the Tenant pays during the 3 days, the Landlord can terminate the lease by giving 15 days’ notice. In other words, they can Evict A Tenant that pays during the 3 Day Notice period.

A Landlord can Evict a Tenant that pays during 3 Day Notice.  Therefore, if you are a Landlord and need to evict a tenant that is month-to-month, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.