83.57
Termination of tenancy without specific term.
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83.57 Termination of tenancy without specific term.—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; and
(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.
History.—s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217; s. 2, ch. 2023-314.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1983–2021 · leading case: Morse v. State
Morse v. State (1992)
“If appellant and the motel manager did not agree to a specific length of tenancy, then under section 83.”
Gonzalez v. Benoit (1983)
“However, we find that the remedy to be afforded a tenant who is ousted from possession can be no greater than the right he would have enjoyed in the absence of the landlord's breach. While we recognize that there may be a unique case in which irreparable injury would occur, in…”
1560/1568 DREXEL AVENUE, LLC, etc. v. SAIDELL JACQUILINE JIMENEZ (2021)
“] § 83.57, Fla. Stat. (2020). 4 chapter 83 and also that, pursuant to Executive Order 20-180, 5 statutes authorizing eviction of tenants affected by the COVID-19 pandemic had then been suspended.”
Wolf v. State (2013)
“Wolf further argued that Schmid had not given him the notice to terminate the rental agreement that is required by section 83.57(3), Florida Statutes, and that therefore Wolf continued to have legal license to occupy the premises at the time of the entry.”
Imbimbo v. Volusia Realty Associates, Inc. (1986)
“Under a month-to-month tenancy, the Tenant can terminate the lease by giving 15 days notice required by statute (Section 83.57, F.S.) or by 30 days notice prior to the end of any.”
Vinner v. Schueren (1990)
“Plaintiffs’ Complaint fails to state a cause of action in that the prerequisite notice required by § 83.57(4), Fla. Stat. (1989) is improper in that, by its own terms, it fails to give Defendants at least seven (7) days written notice prior to termination of the tenancy.”
Palawski v. Duley (1991)
“The Plaintiff failed to terminate the rental agreement in compliance with the provisions of Florida Statutes § 83.57 and therefore failed to comply with a condition precedent to bringing an action for possession.”
Smith v. Rooy (1985)
“Plaintiff contends that as the owner of the property rented on a month-to-month basis, he has the absolute right under Fla. Stat. 83.57(3) to terminate the tenancy for any reason by giving the required notice at least 15 days prior to the end of the monthly term.”
— 83.57(3) — 4 cases
Gonzalez v. Benoit (1983)
“However, we find that the remedy to be afforded a tenant who is ousted from possession can be no greater than the right he would have enjoyed in the absence of the landlord's breach. While we recognize that there may be a unique case in which irreparable injury would occur, in…”
Wolf v. State (2013)
“Wolf further argued that Schmid had not given him the notice to terminate the rental agreement that is required by section 83.57(3), Florida Statutes, and that therefore Wolf continued to have legal license to occupy the premises at the time of the entry.”
1560/1568 DREXEL AVENUE, LLC, etc. v. SAIDELL JACQUILINE JIMENEZ (2021)
“] § 83.57, Fla. Stat. (2020). 4 chapter 83 and also that, pursuant to Executive Order 20-180, 5 statutes authorizing eviction of tenants affected by the COVID-19 pandemic had then been suspended.”
Smith v. Rooy (1985)
“Plaintiff contends that as the owner of the property rented on a month-to-month basis, he has the absolute right under Fla. Stat. 83.57(3) to terminate the tenancy for any reason by giving the required notice at least 15 days prior to the end of the monthly term.”
— 83.57(4) — 1 case
Vinner v. Schueren (1990)
“Plaintiffs’ Complaint fails to state a cause of action in that the prerequisite notice required by § 83.57(4), Fla. Stat. (1989) is improper in that, by its own terms, it fails to give Defendants at least seven (7) days written notice prior to termination of the tenancy.”
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