The termination of a tenancy occurs when a landlord legally ends a tenant’s tenancy. This process is governed by specific Florida statutes, including F.S. sections 83.56, 83.57, 83.575, 83.59, and 83.682, which outline the legal procedures and requirements that both landlords and tenants must follow. Termination of tenancy can occur under several circumstances:
- Lease Violation: If a tenant fails to pay rent or violates the lease (curable) and fails to cure or commits a non-curable violation (F.S. 83.56(1)-(3)).
- Lease Expiration: If the lease term ends without the landlord giving permission to renew, the landlord can terminate the tenancy (F.S. 83.575).
- At-Will Termination: When the tenancy is at-will, upon proper notice (F.S. 83.57).
- Abandonment: If a tenant abandons the property, the landlord can take steps to terminate the lease (F.S. 83.59(3)(c)).
- Surrender: A tenant may voluntarily surrender the property, allowing the landlord to end the tenancy (F.S. 83.59(3)(b)).
- Death of a Tenant: The death of the last remaining tenant can also be a basis for termination (F.S. 83.59(3)(d)).
Notice Requirements for Termination
Proper and timely notice is essential for legally terminating a tenancy. If a landlord fails to provide proper notice, they may not have grounds for eviction. If notice is delivered correctly and the tenant does not vacate, the landlord can pursue legal action for possession. The following are notices that a landlord must deliver to terminate the tenancy.
- Notice to Pay or Vacate – Non-payment of Rent: If a tenant fails to pay rent within the specified period after receiving at least three (3) days’ notice, the landlord can terminate the tenancy. (F.S. 83.56(3))
- Notice to Terminate – Failure to Cure Lease Violation: A material violation of the lease terms, if not cured within at least 7 days’ written notice period, can lead to termination. (F.S. 83.56(2)(b)).
- Notice To Terminate – Second or Subsequent Violation: If a tenant repeats a similar or same violation within 12 months of being delivered a 7 Day Notice to Cure within the previous 12 months, the landlord may terminate the lease without allowing for a cure period. (F.S. 83.56(2)(b))
- Notice to Terminate – Non-Curable Violation: For severe, incurable breaches, the landlord can terminate the tenancy with proper notice. (F.S. 83.56(2)(a))
- Notice to Terminate At-Will Tenancy: A landlord can terminate an at-will (most commonly a month-to-month tenancy) by giving the appropriate notice. (F.S. 83.57)
- Notice of Non-Renewal at End of Lease Term: If the lease term concludes, and no renewal or extension is agreed upon, the tenancy ends. (F.S. 83.575)
Additionally, a tenant who is a member of the armed forces can terminate the lease early with proper notice. (F.S. 83.682). The parties may also agree to terminate the tenancy early, which effectively is the tenant’s surrender of the premises to the landlord based on the termination agreement.
End of Lease Term
In cases where a residential lease is for a specific term, typically one year, the lease may specify what happens at the end of the term. Common provisions include:
- Automatic Conversion to Month-to-Month: The lease may convert to a month-to-month agreement unless either party gives notice of non-renewal.
- No Automatic Renewal: The lease may end automatically without converting to month-to-month, requiring either party to give notice if they wish to renew.
- Notice Requirements: The lease may require either party to provide notice of non-renewal within a specified time frame, between 30 and 60 days prior to the end of the term (F.S. 83.575).
Landlords have several options when preparing for the end of a lease term:
- Terminate Without Renewal: The lease ends, and the tenant must vacate.
- Offer Month-to-Month: Allow the tenant to stay on a month-to-month basis.
- Offer Specific Renewal Period: This is less common and should be done with legal advice.
- Provide Renewal Choices: Offer the tenant the option of a new lease term or a month-to-month arrangement.
The landlord should determine what he wants to do with the tenancy in a sufficient time prior to the natural expiration of the lease term, so that he can prepare accordingly, including delivering timely and proper notice to the tenant.
- Perform tenancy review and rate the tenant’s performance
- Perform property inspection about 3 months prior end of lease term (9 months after move-in date), to determine that the tenant is caring for the property.
- Determine what action you want to take with the tenant (e.g. terminate, offer to renew, go month-to-month)
- Deliver notices according to the landlord’s determination.
Renewal
Before renewing a lease term, Landlords should consider relevant factors, including the following:
- Tenant’s rent payment history
- Tenant’s care for the property
- Tenant problems during tenancy
- Results of tenant’s new application (to ensure qualification)
- Landlord’s future plans with the property
Considering all relevant factors, the landlord should decide whether to renew the lease on a specific term, offer a month-to-month option, or terminate the tenancy.
If renewing a lease term or going month-to-month, the landlord should update lease terms and conditions, and ensure the tenant agrees to them in writing. If the landlord plans not to renew the lease term, the landlord must give adequate notice (between 30-60 days’ notice prior to the end of the lease term), pursuant to the lease agreement.
If the lease agreement does not provide that the tenant must vacate at its natural expiration, the landlord must deliver notice to the tenant of non-renewal. If the lease term expires on its own term and requires the tenant to vacate at that time, but the tenant stays in possession without permission from the landlord, the tenant is a holdover pursuant to F.S. 83.58, and the landlord needs to give notice of being a holdover.
Holdover
If the tenant becomes a holdover after the natural expiration of the lease, the landlord is entitled to double rent pursuant to F.S. 83.58, but the landlord must provide the tenant with notice of being a holdover. If a landlord fails to provide proper holdover notice, the landlord may not be entitled to claim double rent from a holdover tenant. Exceptions may apply if the lease explicitly states that it will not be renewed at the end of the term.
Tenant’s Notice of Intent to Vacate
Under F.S. 83.575, tenants must give notice if they plan to vacate at the end of the lease term, and the obligation is mutual, meaning that the landlord must give the tenant notice of non-renewal. If neither the tenant nor the landlord give notice of non-renewal, and the tenant remains in possession, the tenancy will become at-will.
The tenant’s failure to give proper notice of his intent to vacate can result in the tenant being liable for an additional month’s rent, but that liquidated damages may only be charged if the landlord notifies the tenant within 15 days prior to the tenant’s notice obligation of the tenant’s notice obligation. If the landlord does not provide the tenant with the required notice of the tenant’s obligation to give notice of intent to vacate, the landlord cannot charge the tenant liquidated damages.
Communicating with Property Owner
For landlord agents, look to your property management agreement regarding the end of a lease situation. Communicate with the property owner about your determination and intent of what to do with the tenancy at the end of the lease term to ensure the owner approves your course of action.
- Correspond with the owner about your determination and plan for the tenancy.
- Confirm that the owner still wants to rent the property after the end of the lease term.
- Get owner approval of rental rate based on a Comparable Market Analysis.
Abandonment of Premises
If a tenant abandons the premises, the landlord must determine whether the tenant intends to return. Abandonment is presumed if the tenant is absent for a period equal to half the time for periodic rent payments and has not notified the landlord in writing of an intended absence. To confirm abandonment, the landlord should investigate the facts to make a sound determination, including checking utilities, contacting neighbors, and inspecting the premises.
If abandonment seems likely, the landlord should prepare a Notice of Abandonment and deliver it to the tenant. If the tenant fails to respond as required by the notice, the landlord may consider the property abandoned. The landlord can then terminate the tenancy and take possession. It is advisable to seek legal advice before taking possession.
Surrender
When a tenant voluntarily surrenders the premises, the landlord can accept the surrender and terminate the tenancy. If the landlord does not wish to accept the surrender, the landlord should notify the tenant and state the landlord’s intention to hold the tenant to the lease. Upon the tenant’s breach of the lease for early termination, the landlord must look to F.S. 83.595 for his remedy options. The landlord may choose only one remedy option.
Death of a Tenant
If the last remaining tenant dies, the landlord can terminate the tenancy, but only after meeting certain conditions:
- the last remaining tenant of a dwelling unit is deceased,
- personal property remains on the premises, rent is unpaid,
- at least 60 days have elapsed following the date of death, and
- the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative.
This “Death of Last Remaining Tenant” paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
Taking possession in this situation is somewhat simple, because if the landlord chooses to terminate after the 60 day period when the conditions of the statute or met, the landlord will simply deliver notice (e.g. posting on the premises) that he is terminating the lease under the death of tenant statute provision, or if the conditions for abandonment exist, then the landlord can send proper notice to the tenant (e.g. posting on the premises) regarding abandonment and is accordingly terminating the lease on a specific date. The date identified in the landlord’s notice to the tenant in this situation should be certain.
Taking Possession After Termination
Once the tenant vacates, the landlord can take possession of the property. In the case of eviction, this occurs when the sheriff executes the writ of possession. For surrender or abandonment, possession is based on the tenant’s actions or the landlord’s determination.
Landlords cannot forcibly remove a tenant or interfere with their use of the property. Florida law prohibits actions such as disrupting utilities, changing locks, or removing a tenant’s belongings without following proper legal procedures. These actions, often referred to as “self-help,” are illegal and can result in significant penalties for the landlord.
Under F.S. 86.67(6), if a landlord engages in prohibited self-help actions, they may be liable for actual damages, consequential damages, or three months’ rent—whichever is greater.
Additionally, the landlord may be required to cover the tenant’s legal fees. Repeated violations can lead to multiple awards of damages, and such actions may also halt any ongoing eviction proceedings.
Lease Violation – Non-Payment of Rent
For a tenant’s non-payment of rent, the landlord must deliver at least three days’ written notice to the tenant specifying the default. If the tenant fails to pay all rent demanded in the notice, the landlord can terminate the lease and retake possession if the tenant vacates, but if the tenant fails to vacate pursuant to the lawful notice, the landlord can retake possession by court order in an eviction action. See our article on the 3 Day Notice to Pay.
Lease Violation – Other than Non-Payment of Rent
For a tenant’s violation other than non-payment of rent, the landlord must give the tenant written notice specifying the violation. If the violation is curable (e.g. unauthorized occupant or pets, improper parking, failure to keep lawn cut), the landlord must give the tenant at least 7 days’ notice to cure. If the violation is non-curable (e.g. criminal violation, intentional destruction of property), the landlord must give at least 7 days’ written notice specifying the violation. See our article on the 7 Day Notice.
If the tenant fails to cure the curable violation or to vacate respectively, the landlord can terminate the lease and retake possession if the tenant vacates, but if the tenant fails to vacate, then by court order in an eviction action.
At-Will Termination
When a tenancy is at-will, either party can terminate the tenancy with proper notice under F.S. 83.57. The notice must:
- be in writing
- give the tenant the required number of days prior to the end of the rent payment period
See our article on How to Terminate Month-to-Month Tenancy.
Conclusion
In conclusion, the termination of a tenancy is a process that demands careful adherence to Florida’s specific statutory requirements. Landlords must navigate a variety of scenarios, from lease violations and lease expirations to situations involving abandonment, surrender, and even the death of a tenant. Each of these scenarios is governed by distinct rules and notice requirements, underscoring the importance of precision in communication and documentation.
Whether dealing with a holdover tenant or considering the renewal of a lease, landlords must plan ahead, evaluate the tenant’s history, and ensure that all actions comply with Florida law to avoid legal pitfalls. By understanding and executing these processes correctly, landlords can protect their rights and maintain smooth, lawful operations in their property management endeavors.
Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.