Notice required at end of lease?

Question

Hi all!

I have scoured the Internet for an answer to this. And cannot find it. I currently have a tenant on a 12 month lease, that does not include an option to renew on a month to month basis. Am I still required to give a 60 day notice? (These are tenants who have been behind on rent for most of their tenancy, and I a have a feeling if I give them a 60 day notice, they will dip and I will never see the rest of the rent.)

The only answers about this I can find are written under the assumption that the lease automatically goes to a month-to-month, which mine does not .

Thank you!

Chris Seveney · Answer

@Suzanna Piowaty

As others mentioned we always send notice reminders - that way they also cannot come back and say “we didn’t know, we now need an extra month”…

Theresa Harris · Answer

Best to give them formal notice.  It let's them know and you also have proof if they don't move out that you did tell them their lease was not being renewed.

Nathan Gesner · Answer

No, there's typically no provision in the law that requires them to give notice. It is assumed the lease will end on the scheduled termination date.

However, best practice is to never leave anything to chance. I would give them 60 days notice. In fact, you may want to give them notice now and hope they will leave even earlier. They are bad renters and there is a very good chance they won't pay the last month of rent. Are you prepared for that? Do you know how to handle it, or will you let them take advantage of you?

Do your research, develop a plan for the worst-case scenario, then give them notice.

Tim Baldwin · Answer

In Florida, there is no statutory provision governing non-renewal notice except for when the landlord requires the tenant to give notice of intent to vacate, in which case, the landlord has a reciprocal duty. Your state may have a provision on point, but if it does not, then the lease controls. If the lease is silent on the issue, you should give reasonable notice (normally 30-60 days prior to end of lease term). However, if the lease terminates on its own, without need for notice, no additional notice would be required. That said, it is wise to give reasonable notice of you intend not to renew so that if the tenant fails to vacate, you have a more solid action for eviction. Best wishes.

Notice required at end of lease?

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