A Florida month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Florida Month-to-Month Rental Agreement
In Florida, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Florida landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Florida
Florida landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Radon Gas Disclosure – All rental agreements must include a general disclaimer about the dangers presented by high levels of radon gas.
- Security Deposit Holdings Disclosure – Landlords who ask for a security deposit must provide a written disclosure of how the funds will be kept.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Florida
Florida lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Florida requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Florida Month-to-Month Lease
Florida requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Florida is 30 days.
Eviction in Florida Month-to-Month Rentals
Florida tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Florida typically take two to three weeks.
For more information on the eviction process in Florida, click here.
Sources
- 1 Fla. Stat. s. 83.57
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A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
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