Evicting a Month-to-Month or No-Lease Tenant in Florida

Ending a month-to-month tenancy should be the simplest eviction a Florida landlord ever handles: no unpaid rent to prove, no lease violation to document, no reason required. In practice it trips up landlords constantly, because the notice period doubled in 2023 and the deadline is tied to the rental period rather than the calendar. A notice that is one day short is defective, and a defective notice means starting over. This page covers the current rule, how to time the notice, what happens if the tenant stays, and what the eviction costs.

What Counts as a Month-to-Month Tenancy in Florida

Under section 83.46(2), when a rental agreement says nothing about how long the tenancy lasts, the length of the tenancy is set by how often rent is paid. Rent paid monthly creates a month-to-month tenancy. That covers several common situations:

• No written lease at all. A tenant who moved in on a handshake and pays rent every month.
• A written agreement with no end date. The document sets rent but not a term.
• A lease that converted. Many Florida leases say the tenancy becomes month to month if the tenant stays after the end date and the landlord keeps accepting rent. Check the holdover language in your lease.
• Weekly or other periods. If rent is paid weekly, it is a week-to-week tenancy with its own notice rule.

One distinction matters: a person who never paid rent is usually not a tenant at all. Removing a guest or relative who never paid is typically handled through unlawful detainer, not eviction.

The Notice Periods Under Section 83.57

Section 83.57 sets the minimum written notice for ending a tenancy without a specific term. The month-to-month period increased from 15 days to 30 days effective July 1, 2023.

The same 2023 law created section 83.425, which preempts local regulation of residential tenancies to the state. Local ordinances that once required longer notice periods are void, so the state statute is the rule everywhere in Florida.

How to Time the 30 Day Notice Correctly

The statute does not say “30 days from today.” It says at least 30 days before the end of a monthly period. The end of the tenancy has to land on the last day of a rental period.

1. Identify the rental period. If rent is due on the 1st, each period runs from the 1st through the last day of the month. If rent is due on the 15th, each period runs from the 15th through the 14th of the next month.
2. Pick the period you want to end. For rent due on the 1st and a move out at the end of October, the tenancy ends October 31.
3. Count back at least 30 days. The notice must be delivered no later than October 1. Delivering it earlier is safer.
4. If you miss it, move to the next period. A notice delivered October 5 cannot end the tenancy on October 31. The earliest valid end date becomes November 30.
5. Put it in writing and keep proof. State the date the tenancy ends and that the tenant must vacate by then. Keep a record of how and when you delivered it.

Fixed-Term Leases Work Differently

Section 83.57 applies only to tenancies without a specific term. A lease with a set end date ends on that date, and no termination notice is required unless the lease itself requires one. Since July 1, 2023, section 83.575 says that if a fixed-term lease does require advance notice before the tenant vacates at the end of the term, the required notice cannot be less than 30 days or more than 60 days. If the lease requires the tenant to give notice, it must also require the landlord to give notice of any intent not to renew within the same window.

The practical takeaway: read the lease before assuming which rule applies. A tenant whose lease ended months ago and who has been paying monthly since may now be month to month, and the 30 day rule under section 83.57 controls. A tenant in the middle of a one year lease cannot be removed with a 30 day notice at all; ending that tenancy early requires a legal ground such as nonpayment or a lease violation.

Reasons, Retaliation, and Subsidized Tenancies

Florida does not require a landlord to give a reason for ending a month-to-month tenancy. There are limits on motive, though. Section 83.64 prohibits terminating a tenancy in retaliation for protected tenant conduct, such as complaining to a government agency about code violations or asserting rights under the landlord tenant act. Fair housing laws prohibit terminating for a discriminatory reason. Tenancies under federal subsidy programs, such as Section 8 housing vouchers, may carry additional federal requirements, so check the program rules before serving notice.

If the Tenant Does Not Leave

Once a valid notice expires and the tenant stays, the tenant is holding over. The landlord’s path is a county court eviction, the same summary procedure used for other residential evictions.

• Double rent. Under section 83.58, a landlord may recover double the rent due for the period the tenant refuses to surrender possession.
• Court registry. Under section 83.60(2), a tenant who wants to raise defenses other than payment generally must deposit the rent alleged due into the court registry, which keeps holdover cases from dragging on for free.
• Response time. The tenant has 5 days, excluding weekends and legal holidays, to respond after being served.
• Writ of possession. After judgment, the clerk issues a writ and the sheriff restores possession under section 83.62.

Be careful about accepting rent for any period after the termination date. Taking that money can be argued to show the landlord agreed to continue the tenancy, which undercuts the eviction. If the tenant offers rent covering time after the notice expires, talk to your attorney before cashing it.

What It Costs to Evict a Holdover Tenant

An uncontested residential eviction usually takes about 4 to 5 weeks from filing. Contested cases can take 6 weeks to several months. For a fuller breakdown, see how much a Florida eviction costs.

Frequently Asked Questions

What’s the Cost of Title Insurance in Florida?

Florida regulates title insurance rates, so the base premium is consistent across providers. The cost is based on the property’s purchase price and decreases per $1,000 as the value increases. In most cases, the owner’s and lender’s policies are issued together, which reduces the combined premium. Buyers pay this once at closing—it is not a recurring cost. While rates are fixed, other title company fees may vary.

Standard pricing structure:

• $5.75 per $1,000 for first $100,000

• $5.00 per $1,000 up to $1 million

• Bundle discount when both policies are issued

Is Title Insurance Worth It for Florida Buyers?

Yes, in almost all cases. Title insurance provides a critical safety net against unknown or hidden problems with a property’s legal ownership. It also protects against expensive claims like forged deeds or undisclosed liens. For a one-time payment, you gain long-term coverage for as long as you hold the property. Most real estate professionals strongly recommend it—even for cash transactions.

Benefits include:

• Coverage of legal fees

• Compensation for financial loss

• Peace of mind during resale or refinancing

Can You Waive Title Insurance in a Florida Purchase?

Yes, you can waive title insurance, especially in cash deals, but most professionals advise against it. If you waive the owner’s policy and a problem emerges, there’s no financial backup. Some investors may opt out in low-risk scenarios, like quick flips with strong title history. However, even these cases carry risk. Waivers should always be reviewed by an attorney before finalizing.

Important notes:

• Lender’s policy cannot be waived in financed deals

• Waiver adds risk with no fallback

• No retroactive protection available

Should You Have a Real Estate Attorney Review Title Insurance Terms?

Absolutely. A Florida real estate attorney can help you understand what your title insurance does and does not cover. They also review the title commitment, search results, and exceptions that could affect your rights. Legal guidance ensures you’re not relying solely on title agents or underwriters. This is especially important for investment, estate, or commercial properties.

Attorneys assist with:

• Title commitment review

• Clarifying exclusions

• Negotiating curative actions

• Coordinating closing requirements

FAQs: Is Title Insurance Required in Florida Real Estate Transactions?

Is title insurance legally required for homebuyers in Florida?

No, Florida law does not require buyers to purchase title insurance. However, most buyers still obtain it to protect against title defects and hidden legal issues. It’s considered a best practice in nearly every transaction.

Do lenders require title insurance in Florida?

Yes, mortgage lenders almost always require a lender’s title insurance policy. This policy protects the lender’s interest up to the loan amount. It does not cover the buyer unless a separate owner’s policy is purchased.

Can I skip title insurance if I’m paying cash?

You can, but it leaves you exposed to potential legal and financial risks. Without insurance, any past title issues become your responsibility. Most professionals recommend purchasing a policy even in cash deals.

What risks does title insurance protect against?

Title insurance protects against hidden issues like forged documents, recording errors, unpaid liens, or unknown heirs. These problems may not appear in a standard title search. The policy covers legal defense and potential financial loss.

How long does title insurance last?

An owner’s title insurance policy lasts as long as you own the property. It also extends to your heirs if the property is transferred through inheritance. Lender’s coverage ends when the mortgage is paid off.

How much does title insurance typically cost in Florida?

Rates are set by the state and depend on the purchase price. A $300,000 home would typically have a premium around $1,500. It’s a one-time payment made at closing, not a recurring expense.

Is title insurance required for refinancing?

Yes, a new lender’s title insurance policy is usually required when refinancing. This ensures the new loan is protected from any unresolved title issues. You won’t need to purchase another owner’s policy.

Who usually pays for title insurance in Florida?

It varies by county and contract. In Palm Beach County, sellers typically pay, while in Miami-Dade, buyers often do. The party who pays is negotiable in the real estate contract.

Should I have a lawyer review my title insurance documents?

Yes, a real estate attorney can clarify what’s covered, explain exclusions, and help resolve issues before closing. They also ensure the title commitment aligns with the contract terms. Legal review is especially helpful in complex or high-value transactions.