Many residential tenants are on a month-to-month tenancy. These tenancies are created largely because many landlords create verbal rental agreements with tenants and require that the tenant pay rent on the first day of the month. This creates a month-to-month at-will tenancy. The due date defines the beginning of the tenancy, and the end of the monthly period is the day prior to the next due date.
As it happens, since most tenants are required to pay rent on the first day of the month, the end of the month is the end of the monthly period. But if the tenant is required to pay rent on, say, the 15th day of the month, the “end of the monthly period” would be the 14th day of the month. This is important as it relates to terminating a month-to-month tenancy.
F.S. 83.57(3) states, “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 30 days’ notice prior to the end of any monthly period;
(4) When the tenancy is from week to week, by giving not less than seven days’ notice prior to the end of any weekly period.
First, the landlord must deliver the written notice. Next, the notice must be delivered pursuant to F.S. 83.56(4) (hand-delivery, posting, mailing). Next, for month-to-month tenancy, the notice must be delivered to the tenant not less than 30 days prior to the end of the monthly period. For shorter or longer tenancies, see F.S. 83.57.
As stated above, the “end of the monthly period” is determined by the rent due date. If rent is due on the first day of the month, the end of the monthly period is the day before the first day of the month, but if, for example, the due date is the 15th day of the month, the end of the monthly period is the 14th day of the month.
Note that if the landlord mails the notice to the tenant, the landlord must add five days to the notice period under the Mailbox Rule. So a 30-day notice to terminate becomes a 35-day notice to terminate. Be sure to calculate the notice period accordingly.
If you are one day short of 30 days’ notice prior to the end of the monthly period, the tenant could defend against the eviction, so it is very important to prepare the notice properly and deliver the notice in a timely manner.
Examples
Let’s say the tenant is on a month-to-month tenancy, and the tenant may pay rent on the first day of the month. The landlord wants to terminate the tenancy on, say, April 30. Notice to terminate the tenancy must be delivered no later than March 31.
Take another sample. Say the tenant owes rent payment on the 15th day of the month, and landlord wants to terminate a month-to-month tenancy as soon as possible. Let’s say landlord wants to deliver a termination notice on August 17. What is the soonest the landlord is able to terminate the tenancy? The answer: October 14. See analysis below.
