In short: The Third District dismissed the tenant’s appeal. In eviction cases, section 51.011 requires a motion for new trial within five days of judgment, and that statute overrides the 15-day period in Rule 1.530. The tenant’s rehearing motion came eight days after judgment, so it did not extend the appeal deadline, and his notice of appeal was months late.
The Facts
Alvin Fisher rented an apartment month to month from the Housing Authority of the City of Key West. In January 2024 he received a 15-day notice of termination. The opinion notes in passing that the statute requires 30 days’ notice for a month-to-month tenancy. When he did not move out, the Housing Authority filed for possession.
Fisher, without a lawyer, filed an answer within five days. He said he had failed an inspection and promised to keep up the unit. He raised no other defense and did not deposit rent into the court registry. The court entered a final judgment of possession on April 15, 2024 and gave him two weeks to leave.
On April 23, a lawyer filed a motion for rehearing under Rule 1.530. It argued for the first time that the 15-day notice was defective. Fisher moved out soon afterward. The court denied the motion in late October, and Fisher filed his notice of appeal on November 13, 2024, within 30 days of that denial.
The Decision
The court dismissed the appeal without reaching the notice issue. A notice of appeal is due 30 days after the judgment is rendered. Only an “authorized and timely” post-judgment motion delays that clock. Eviction cases use the summary procedure in section 51.011, which says its own time limits govern when they differ from a rule. That statute requires a motion for new trial within five days of judgment.
The court held that the statutory motion for new trial covers what a rehearing motion would argue after a bench trial. Rule 1.530’s 15-day window therefore does not apply. Fisher’s motion was filed eight days after judgment, so it did not delay rendition. His appeal was due by May 15, 2024. Filed in November, it came too late, and the court had no jurisdiction to hear it.
The Law
Landlords who file for possession get the summary procedure in section 51.011, under section 83.21 and section 83.59. That section requires an answer within 5 days, a motion for new trial within 5 days after judgment, and a notice of appeal within 30 days of rendition. When its time periods differ from a rule, the statute governs.
The notice the tenant never got to argue is in section 83.57. Since the 2023 amendment, a month-to-month tenancy may be ended only with at least 30 days’ written notice before the end of a monthly period, delivered as section 83.56(4) provides. A tenant who wants to raise defective notice should do it in the answer, within the five-day window.
Current law (2026): Section 83.57(3) (2026) requires not less than 30 days’ notice to end a month-to-month tenancy (amended by ch. 2023-314). Section 51.011(4)-(5) (2026) still sets the 5-day new trial and 30-day appeal periods.
Lessons
- In an eviction, the post-judgment deadline is 5 days, not 15. Count from the date the judgment is entered.
- If you miss that window, file the notice of appeal within 30 days of the judgment itself. Do not wait for a ruling on a late motion.
- Raise defenses such as defective notice in the answer. A landlord’s 15-day notice on a month-to-month tenancy is short of the 30 days section 83.57 requires.
- Landlords: serve the full 30-day notice. You may win on a technicality once, but a short notice invites a defense.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Can a Landlord Evict a Month-to-Month Tenant on 15 Days' Notice Under the 2023 Law? | Fisher v. Housing Authority of Key West
Go Deeper
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
- How to Vacate a Default or Final Judgment in Florida: Rule 1.540 and Its Limits
Frequently Asked Questions
How long do I have to file a motion for rehearing after an eviction judgment in Florida?
Five days. Evictions use the summary procedure in section 51.011, which requires a motion for new trial within five days after judgment. In Fisher, the Third District held that this statute overrides the 15-day period in Rule 1.530. A rehearing motion filed on day eight did not extend the time to appeal.
How long do I have to appeal an eviction in Florida?
Thirty days from rendition of the judgment. A timely and authorized post-judgment motion can delay rendition. A late one does not. If your motion is filed after five days, count the 30 days from the original judgment, or the appellate court will lose jurisdiction.
How much notice must a Florida landlord give to end a month-to-month lease?
At least 30 days’ written notice before the end of any monthly period, under section 83.57(3). The Legislature raised this from 15 days in 2023. The notice must be delivered as section 83.56(4) provides, such as by mail, hand delivery, or posting if the tenant is absent.
Does moving out make an eviction appeal moot?
The tenant in Fisher argued that his appeal still mattered after he moved out because of the eviction judgment’s effect on housing and vouchers. The court never reached that question. It dismissed the appeal because the notice of appeal was filed too late.
Talk to a Florida landlord-tenant and real estate lawyer
Weidner Law, P.A. handles Florida lease, eviction and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
