Free Florida Notice To Vacate Template

As a landlord, there may come a time when you want one of your tenants to leave your rental property. The tenants may not have done anything wrong - you may want to sell the property, rent to someone else, or move into it yourself. In this situation, you may need to provide your tenant with a notice to vacate.

For leases without a fixed term - such as a month-to-month lease - landlords must provide tenants with adequate notice that their lease is ending. The most effective way to do so is through a notice to vacate that gives the tenant a notice to leave by a specific date and explains their obligations. Our free Florida notice to vacate template can serve as a great guide as you draft your own notice to vacate to your tenants.

Based in Lithia, Eaton Realty offers property management services throughout West Central Florida. We take a proactive approach to property management, working hard to prevent problems and responding quickly when issues arise. Our team will closely track your tenancies and work with you to ensure that any notice to vacate, notice of non-renewal, or eviction notice is handled correctly. Reach out today to learn more about how our team of experienced property managers can help you with your investment properties.

Get Help Managing Your Rental. Speak With An Experienced Hillsborough County Property Manager › 813-672-8022

How Is a Notice to Vacate Different from an Eviction Notice?

In Florida, if a tenant violates their lease in some way - such as by not paying rent - you can evict them after going through a legal process. The process starts with sending the tenant an eviction notice that outlines their legal rights and gives them a deadline for getting into compliance or being evicted. If a tenant does not fix the issue or voluntarily leaves, then a landlord must go to court to go through the formal eviction process.

By contrast, a notice to vacate is often used when either party - the landlord or the tenant - wishes to end the lease agreement for whatever reason. A tenant might send a landlord a written notice to vacate to let them know they want to move out of the property. A landlord might send a notice to vacate when the lease term ends and they don’t want to renew the lease.

Laws Surrounding Ending A Lease In Florida

In Florida, landlords must have cause to end a lease early. They must also go through the formal eviction process if they want their tenant to leave the property for something like not paying rent or violating the lease terms. If a landlord doesn’t have a legal reason to ask a tenant to leave, they have to wait until the end of the lease - and send a notice to vacate.

The method of doing so depends on the type of lease. Generally, if the lease isn’t for a defined term, like September 1 to August 30, it is considered a periodic tenancy. These agreements will continue indefinitely until either a tenant or landlord provides written notice that they want the lease to end.

Under Florida’s landlord-tenant law, if a tenant has a month-to-month tenancy, then the landlord must give them written notice to vacate at least 30 days before the end of the monthly period. This notice must inform the tenant that their rental agreement will end in 30 days, and they must vacate the property by that time. For other periodic tenancies, the following notice must be given:

• Year-to-year tenancies: at least 60 days’ notice before the end of an annual period;
• Quarter-to-quarter tenancies: at least 30 days’ notice before the end of any quarterly period; and
• Week-to-week tenancies: no less than 7 days’ notice before the end of any weekly period.

If the lease is for a fixed period of time, then a landlord cannot terminate it without cause. Instead, the landlord must wait until the lease term ends. Unless the lease specifically requires it, landlords are not required to provide a notice to vacate or a non-renewal letter to tenants. However, as a practical matter, it is a good idea to let your tenants know you won’t renew their lease.

If a tenant refuses to leave after receiving a notice to vacate, then a landlord may choose to take formal legal action. This may include filing an eviction action and requesting the court’s assistance in removing the tenant from your property.

Sample Florida Notice to Vacate

A notice to vacate should be sent within the proper time frame, as specified above. The goal of this letter is to let the tenant know that you no longer wish to rent the property to them. The notice should be straightforward and contain the pertinent information.

The following template can be used to draft a notice to vacate for your Florida rental properties. You can also download this template to use yourself here.

Dear __________,

This letter serves as legal notice to vacate the property at ___________ within ______days. Your tenancy will be terminated as of ______________, and you must vacate the property by this date.

This notice is being sent in accordance with Florida law related to the termination of tenancies without a fixed term. Failure to vacate the property on __________________ may lead to legal action, including eviction.

Please clean the property thoroughly and restore it to the condition that it was in on the move-in date (minus normal wear and tear). We can schedule a walkthrough of the property at your convenience. All keys and garage door openers must be returned to us on the day that you vacate the premises. You may be liable for rent for each day that these items are not returned to us.

Finally, please provide us with a forwarding address so that your security deposit can be returned to you in accordance with Florida law. If you have any questions, please contact me at the below telephone number.

Sincerely,

______________

[Contact information]

Remember that a notice to vacate can only be used in specific circumstances and is not an alternative to the formal eviction process if the tenant has violated their lease. In Florida, self-help eviction is also illegal - so you cannot simply change the locks on a tenant who refuses to leave.

Property Management Made Easy with Eaton Realty

While being a landlord can be a great way to earn passive income, it often comes with its own set of headaches - like letting tenants know that you want them to leave the property. Hiring a property management team can simplify the process and reduce the risk of making an expensive legal error. Our highly qualified property managers will track and handle your tenancies for you, making sure to send out the appropriate notices at the right time and follow up with tenants.

At Eaton Realty, we have experience in all aspects of Florida real estate, from helping you buy or sell an investment property to managing your rental properties. If you own investment properties in Hillsborough County, our Tampa property management team will work with you to streamline management so that you can reduce stress and maximize profits. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.

The information disclosed above does not constitute legal or financial advice. Use this information at your discretion and consult a legal or financial professional for further guidance.