There are three different times when a resident terminates the lease and three different types of notices/penalties apply.

During a lease term:

This is when a resident has an active lease and is more than 60 days away from the lease end date. For this type of termination, the Early Termination Liquidated Damages Addendum is relevant and will depend on the selection chosen by the resident. (F.S. 83.595(4))

If Choice 1 is selected, you charge the agreed upon termination fee as liquidated damages, plus rent through the last month occupancy, including fees and utilities, and physical damages to the premises. Do not charge concession repayment or for insufficient notice***

If Choice 2 is selected, the Resident will remain responsible for rent until the premises are relet. You may also charge all fees, utilities and physical damages. For this selection only you can charge back a concession received by the resident if the agreement to pay it back is in writing. You do not charge for insufficient notice***

***You’ll note that the addendum no longer includes the required written notice of intent to vacate provision. This was removed because it was creating too much confusion especially since you are NOT permitted to charge for a failure to provide proper notice for early termination.

If your property does not use this Addendum or no choice is selected, the charge defaults to Choice 2 as this is the statutory remedy when there is no addendum. (F.S. 83.595(2)—although you could choose (1) or (3) under this statute, but it makes no sense financially)

You will handle all early terminations of the lease under this section whether a skip, an eviction, or an approved early termination.

At the expiration of the Lease

For this type of termination, we will refer to the first paragraph of paragraph 3 in the lease. Most leases require 60 days’ notice of intent not to renew the lease. If the resident does not provide such notice, the insufficient notice fee is equal to one month’s rent as indicated in that paragraph.

There is a caveat….the landlord must send out a “reminder” notice of the resident’s obligation to give this notice. This notice must be sent out within 15 days of the start of the notice period; that is, 61 to 75 days prior to the lease expiration…..not any earlier and not later. This notice must include the date the lease expires, how much notice must be provided and what the penalty and fees will be as listed in the lease if the notice is not given and the tenant vacates. (F.S. 83.575(2))

When the Tenancy is Month to Month

For these situations, the notice required by law is 30 days prior to the next rent due date, so basically before the end of the month. Both landlord and resident have this notice obligation. This is explained in the second paragraph of paragraph 3 of the lease which is basically a restating of F.S. 83.57(3). If the resident does not provide this notice, under F.S. 83.575(3) you may charge an insufficient notice penalty equal to one month’s rent. I would not charge rent past the day of vacating the premises though.