Florida 60 Day Notice To Vacate

A Florida 60 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a year-to-year lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.

When To Use a Florida 60 Day Notice To Vacate

A Florida 60-Day Notice To Vacate terminates a year-to-year lease in accordance with state law. This notice may also be used by either party as a notice of non-renewal of a lease.

A Florida 60 Day Notice To Vacate applies to the following situations: [1]

• Either party wishes to terminate a year-to-year lease
• Either party wishes to give notice of non-renewal for a lease

Some types of Florida lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Florida 60 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

1. Use the full name of the receiving parties, and address of record, if known
2. Specify the termination date of the lease or tenancy
3. Fill in the full address of the rental premises
4. Provide updated/current address and phone number information
5. Print name and sign the notice
6. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.

How To Serve a Florida 60 Day Notice To Vacate

Florida law is not specific on means for delivery of a Notice To Vacate, so landlords and tenants may use any method which makes the other party actually aware of such a notice. The following methods, used in eviction and noncompliance contexts, represent the legal gold standard for the state: [2]

1. Hand delivery to the other party
2. If hand delivery fails : Leaving a copy of the notice at the property
3. Delivery by mail

Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times. [3]

In almost all cases, notice is legally served when it is received by the other party , NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period.

The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] 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.

Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).