What is the process for evicting month-to-month tenants?

10/29/2007 - Landlord Tenant - State: FL #11212

Full Question:

We gave verbal notice to out tenants to end the month to month lease. They did not have the rent for October and have not paid as of today. We need to serve written notice. Do I need to do a 30 day notice or can it be less?

Answer:

The following is a statute:

83.57 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.

83.575 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 before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.

(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.

Please also see the information at the following links:

http://lawdigest.uslegal.com/landlord-tenant/uniform-residential-landlord-tenant-act/6712/ http://lawdigest.uslegal.com/landlord-tenant/summary-of-residential-landlord-tenant-law/1292/ http://lawdigest.uslegal.com/landlord-tenant/lease-termination/1297/ http://lawdigest.uslegal.com/landlord-tenant/lease-termination/1293/

10/29/2007 - Category: Landlord Tenant - State: FL #11212

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