Notice of Nonrenewal of Lease by Tenant in Florida
Regarding a Notice of Nonrenewal of Lease by Tenant in Florida, Florida Statute 83.46 provides information about when a renter’s payments are due to the landlord or management company operating as the agent for the landlord. On account of the fact that a large number of the calls to my law office are from renters seeking to remain in their apartments, or from landlords seeking to evict tenants, this blog post represents a great opportunity to interpret the Statutes for potential clients, but is not intended to be legal advice, it is simply an interpretation of what the Statutes could mean to a court if litigated.
To start analyzing a Notice of Nonrenewal of Lease by Tenant in Florida, we must interpret F.S. 83.46(2), which states: “If the rental agreement contains no provision as to duration [length] of the tenancy [your lease], the duration is determined by the periods for which the rent is payable [first of the month, end of the month, or 15th of the month]. If the rent is payable weekly [rent is due on Friday], then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly [rent is due every three months], tenancy is from quarter to quarter; if payable yearly [pay on January 1st for the whole year], tenancy is from year to year.” Without an understanding of this precursor Statute, it is easy to misinterpret the key Statute 83.57.
Notice of Nonrenewal of Lease by Tenant in Florida: What is the Time?
Florida Statute 83.57 governs the “Termination of tenancy without specific term.” This Statute is often litigated, or at least used to make legal arguments, when a lease has expired and a tenant and their landlord continue the rental agreement without signing a new lease agreement. In this manner, the courts may look to when (how often) rent is paid as opposed to how the rental agreement, when it was active, governed the parties’ arrangement. Read carefully the language of the Statute, with my inserts included.
Florida Statute 83.57 provides that; “A tenancy without a specific duration, as defined in s. 83.46(2) or (3) [clearly explained above], may be terminated by either party giving written notice [written notice is vital to the strength of an eviction lawsuit for both parties] 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; [recall that the court is not referring to the lease agreement itself, in the absence of a new signed written agreement, the court is looking at how often rent is paid]
(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 [careful, 30 days’ notice may be most appropriate to avoid a misinterpretation of the law!)
(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.
Florida Statute 83.56(4) explains the written notice requirement for terminating a lease in Florida. The Statute states that, “The delivery of the written notices…shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.” This last part relating to a Notice of Nonrenewal of Lease by Tenant in Florida is of particular importance. A landlord may not disclaim the Statutory requirement in a lease. This is largely because in most cases the landlord writes the lease, and therefore to protect the tenant’s rights, cannot thwart Florida law and foist a violative lease on an unsuspecting renter.
Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.