Filing an Eviction for a Tenancy at Will
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 22, 2026
Legal Inquiry
Consumer Legal Issue
I want to file a complaint of eviction against my tenant. There is no rental agreement between us, I would like to end the tenancy at-will.
The tenant has been living there since September 2025. I have provided the tenant a 30-day written notice of eviction.
Attorney Answer
The 30-day written notice you gave satisfies Florida's requirement for ending a month-to-month tenancy at will. Florida Statutes § 83.57 requires a landlord to give written notice of not less than 30 days before the end of a monthly rental period to terminate a tenancy with no fixed term, so a properly delivered 30-day notice is the correct method here.
Two things matter before you file. First, the timing is not a 30-day countdown from the day you handed the tenant the notice. Under Fla. Stat. § 83.57(3), the notice must be given not less than 30 days before the end of a monthly rental period, and the tenancy ends at the end of that monthly period — not 30 days after delivery. So identify the day the tenant's monthly period closes (the tenancy began in September 2025, so it most likely runs from the same day each month), find the first monthly period that ends at least 30 days after your notice was delivered, and treat that date as the termination date. You can file the eviction complaint once that date has passed and the tenant is still in the home. Filing on day 31 after delivery, when that lands in the middle of a rental period, is premature — and a premature complaint is exactly what gets dismissed. Second, how the notice was delivered matters: it generally must be delivered in a proper manner (such as by mail, hand delivery, or posting), and improper delivery is a common basis for a judge to dismiss an eviction complaint, so be ready to document how the notice reached the tenant.
What you can do:
1. Work out the day the tenant's monthly rental period ends, confirm your notice was delivered at least 30 days before one of those dates as Fla. Stat. § 83.57(3) requires, and do not file until that monthly period has actually closed.
2. Confirm and be prepared to document how the notice was delivered to the tenant.
3. File the eviction complaint in your county court once that monthly period has closed.
4. Attach a copy of the 30-day notice as an exhibit to your complaint.
⏱ Time limits apply. Under Fla. Stat. § 83.57(3) the complaint cannot be filed until the monthly rental period that ends at least 30 days after your notice has actually closed, and improper delivery of the notice is a common basis for dismissal, so verify both the termination date and the service method before going to the courthouse — a prompt review with a local attorney can confirm you're clear to file.
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- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
How much notice is required to end a month-to-month tenancy with no lease?
Many states require written notice of at least 30 days before the end of a rental period to terminate a tenancy with no fixed term.
When can an eviction complaint be filed after giving notice?
In Florida the timing runs off the rental period, not the delivery date. Fla. Stat. § 83.57(3) requires not less than 30 days' notice before the end of a monthly period, and the tenancy ends when that monthly period ends — that date, not day 31 after delivery, is the earliest the eviction complaint can be filed.
Does how a notice was delivered matter in an eviction case?
Yes — improper delivery of a termination notice is a common basis for a court to dismiss an eviction complaint, so proper delivery should be documented.
