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How much notice does a tennant have to give when moving out if there is no lease

Bradenton, FL |

I need to know how much notice I have to give my landlord if I am moving out and do not have a lease. I have lived in this duplex for 3 years and am in the process of trying to buy a house.

Attorney Answers 1


If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.

Therefore Florida Statute Section 83.57, F.S. explains termination of tenancy without a specific term:
if rent is paid weekly --------- 7 days notice is required
if rent is paid monthly -------- 15 days notice is required
if rent is paid quarterly ------- 30 days notice is required
if rent is paid yearly ---------- 60 days notice is required

CAUTION: If you had a prior written rental agreement, ensure the is not a provision stating that, if not renewed it automatically converts to month to month etc.
From the desk of T. Edmund Spinks, Esq. P.L.
304 Plant Ave. S. Suite 100 Tampa, FL 33606
Phn: 813-254-2770 Fax: 813-254-2772

Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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