Notice Duration Requirement (Florida Law)

[rwbil]

I am a landlord in Florida and have a tenant that was on a one year lease. They said they were going to renew the lease, but then stalled. I found out they are looking to buy a house and just want to continue month to month, which I am not interested in doing. My lease states that at the end of the lease it automatically becomes month to month. My question is understanding the verbage in the Florida law shown below:


83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to any annual period;
(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period;

So if they paid June Rent and notice was given June 18th, does this law mean they would owe rent until July 31st, but if they gave notice on June 14th, they would only only owe rent to June 30th.

I do not want a tenant to only be able to give me only 15 days notice to vacate a property and my lease requires a 60 days notice, is this overwritten by the law and only 15 days notice is required?

Also what makes this a bit confusing was it was a years lease, but now converted automatically into a month to month lease. My other question is if I wanted to end the one year lease at the end of the lease term do I have to give the tenant 3 months notice?

Normally about 30 - 45 days before the lease ends I send tenants to renew their lease otherwise it will be terminated, but does this law is confusing, because it seems like I have to give 3 months notice, but once the year lease ends and it converts to a month to month I only have to give 15 days. I am consused. Can someone please explain the notice duration requirements.

Thanks in advance,
Robert

[Friend In Court]

You are correct in that when there is a lease the landlord must give 90 days notice of intent not to renew. When it becomes month to month, the shorter time period applies:

Section 83.57, F.S.
Termination of tenancy without a specific term - days of written notice required (prior to termination):

Weekly --------- 7 days
Monthly -------- 15 days
Quarterly ------- 30 days
Yearly ---------- 60 days

Of course for non payment, a shorter notice to vacate:

Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.

This information is from the Dept of Consumer Affairs directed towards tenants. Their phone number is 800-435-7352 or 850-488-2221 if you wish further clarification.

You are looking at nonresidential provisions (83.03), which do not apply to your residential lease! The residential provisions are in Part II, which begins at 83.40.

In a lease for a specified term (eg, one year), if the term has not already expired, then either party can simply elect not to continue the lease once the original specified term runs. Such a lease would never lapse into a periodic lease (eg. month to month) automatically. Leases can have provisions regarding what happens once a specified term expires (eg, once a one year term expires, then the lease will transition to month to month). BUT that does not happen AUTOMATICALLY - there has to be an agreement to continue, either expressly or by conduct. In other words, the tenants first have to get to the month to month status. If, on the other hand, either the landlord or the tenant simply ends the lease at the termination of the original period, then the month to month status never comes into effect.

I hope that makes sense. Just to clarify, consider this scenario. A contracts with B to mow A's yard for one month. The terms say that B must mow the yard once a week and A must pay B $30/mow. This arrangement is for one month (4 mows). In addition, there is a provision that addresses what happens if the arrangement continues beyond one month, which specifies that (1) B will continue to mow A's yard once per week and A must pay B $30/mow, and (2) this additional arrangement can be ended by either party at anytime BUT ONLY with one month's notice to the other party. IF AT THE END of the original month period either A or B says this has been great, but I don't want to continue (ie, A or B says I do not want the additional provision to come into effect), then that is the end of the story. A and B only get to the additional arrangement by agreeing to it, either expressly, or by conduct (ie, neither ever says anything about it and just let it happen).

Returning to the one year term and then month to month provision, IF the original specified term has already expired and either the parties agreed to continue under the contract provisions (ie, transition to month to month) or simply have allowed that to happen by conduct, then the month to month status has been triggered and appropriate notice must be given (ie, one month's notice, which must go until the last day of the notice period (A gives B notice on May 15, B has possession until the end of JULY).