Tenant at Will in Florida
Tenant at will: occupies with consent, no fixed term. Either party terminates with notice. FL residential: 15 days notice (Section 83.57). Commercial: per payment period (Section 83.03). Arises: oral agreement, holdover with rent acceptance, or implied tenancy. Oral leases: enforceable up to 1 year (Statute of Frauds). Protections: Chapter 83 applies, no self-help (Section 83.67), and fair housing (Chapter 760). No right beyond notice period.
What It Is
- Consent, no fixed term
- Terminable with notice
Notice Requirements
- Residential: 15 days (Section 83.57)
- Commercial: per payment period
Protections
- Chapter 83 applies
- No self-help (Section 83.67)
- Fair housing (Chapter 760)
Related Terms
- Tenant — General
Barnes Walker Real Estate
Barnes Walker’s attorneys handle at-will tenancies in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC