As a landlord, a Florida month-to-month lease agreement provides you with flexibility in a rental market that is known for its rapid turnover. No matter where you’re leasing, from Melbourne to Panama City Beach, the right lease agreement will allow you to adapt quickly while also protecting your investment.
Disclosures (5)
When signing a Florida month-to-month lease agreement, landlords must include specific disclosures. These disclosures, designed to help the tenant make informed decisions, protect the landlord and limit their liability.
- Lead-based paint: Federal law requires that landlords inform tenants of any known lead-based paint and its hazards in most rentals built before 1978.
- Landlord’s name and address: Florida landlords must provide their name and address (or those of the property owner) to tenants (Fla. Stat. § 83.50).
- Radon: For any lease lasting longer than 45 days, landlords must provide a warning about radon gas and its hazards (Fla. Stat. § 404.056(5)).
- Fire protection: For any building more than three stories tall, landlords must provide information on fire protection, including smoke detectors and fire extinguishers (Fla. Stat. § 719.616).
- Security deposit receipt: If a landlord owns more than five units, they must inform all tenants of the bank where their security deposit is held, including its location and if the deposit is in an interest-bearing account (Fla. Stat. § 83.49(2)).
Optional Disclosures and Addenda
Of course, other disclosures are a good idea to include, even if not required by law. Think of these as an extra layer of insurance built into your tenancy-at-will lease agreement template.
Asbestos: Informs tenants of any asbestos or asbestos-related hazards that are in the unit.
Bed bugs: Informs tenants of any history of suspected bed bug infestations in the unit or nearby units.
Late/returned check fees: There is no limit to what Florida landlords may charge as a late fee. Returned checks, however, have a cap of $25 for checks valued at less than $50, $30 for checks between $50 and $300, and $40 or 5 percent of the check value (whichever is greater) for checks valued at more than $300.
Medical marijuana use: Outlines the rules surrounding the use of medical marijuana on the property, as some states allow landlords to limit its use.
Mold disclosure: Informs tenants of any potential mold-related issues in the unit, as well as treatment options.
Move-in checklist: Details the condition of the unit at move-in, as well as move-out, and helps to ensure accuracy in calculating any security deposit deductions.
Non-refundable fees: To charge any non-refundable fees, landlords must include this information with their Florida month-to-month rental agreement, and both parties must agree.
Shared utilities arrangement: Landlords must explain how they will divide utility costs if any tenants share a utility meter.
Smoking: Explains the smoking policy in the unit, including any designated smoking areas on the property.
Additional Florida Month-to-Month Lease Laws
There are additional state laws that apply to tenancy-at-will lease agreements, which we will explore in-depth below. Generally, these laws pertain to terminating a Florida month-to-month lease agreement, rent increases, payment laws, and more.
Notice to Terminate a Month-to-Month Agreement
A month-to-month lease agreement differs in many ways from a standard or fixed-term lease. One of these differences lies in what’s required to terminate the contract.
Required notice for the tenant: Tenants may terminate a month-to-month lease by giving 30 days’ written notice to the landlord (Fla. Stat. § 83.595).
Required notice for the landlord: Similarly, Florida landlords must provide tenants with at least 30 days’ notice if they plan to terminate a month-to-month lease (Fla. Stat. § 83.595).
Laws Governing Rent Increases
Landlords must still follow specific rules, even though there is typically more flexibility in rent increases with a month-to-month lease agreement. As a state, Florida does not have rent control laws; however, some local areas have implemented forms of rent control. Typically, Florida landlords can raise the rent as they deem necessary, with a minimum of 15 days’ notice to the tenant being the generally accepted standard.
Lease Violations and Eviction
Violations can happen occasionally, even to the best of tenants. Here’s what you need to know about lease violations in California, to help you get back on track and maintain your compliance with the law.
Missed rent payment: If a tenant fails to pay their rent, the landlord may issue a 3-day notice to pay or quit (Fla. Stat. § 83.56(3)).
Lease violation: For a common violation, landlords must generally allow tenants 7 days to cure the violation or quit. However, for more serious violations, Florida law allows the landlord to provide a 7-day notice to quit (Fla. Stat. § 83.56(2(b)), (Fla. Stat. § 83.56(2(a))).
Lease abandonment: In Florida, tenants are allowed to legally break their month-to-month lease early and without proper notice, under certain circumstances (Fla. Stat. § 83.595).
Self-help evictions: Landlords should never attempt self-help evictions, as they are illegal in Florida.
Rent Payment Laws
There are additional laws governing rent payment in the state of Florida, including late fees, grace periods, and other provisions.
Rent control/stabilization: Florida does not have any state-wide rent control laws, although some may exist in certain areas. Always follow local laws.
Late rent fees: Florida landlords are allowed to charge a “reasonable” late fee for rent, and there is no maximum. The amount must be included and agreed to in the lease agreement.
Grace period: Florida does not require a grace period for rent payments, although a landlord may choose to offer one.
Tenant’s right to withhold rent: Tenants may withhold rent for necessary repairs or maintenance if the landlord has not taken care of them within 20 days of being given notice (Fla. Stat. § 83.201).
Pet rent laws: There are no state laws that limit the amount that landlords may charge as an additional fee for pet rent.
Security Deposits
Most landlords in Florida choose to collect a security deposit to offset any costs that may be associated with the tenant beyond normal wear and tear.
Maximum amount: There is no limit on what Florida landlords may charge as a security deposit.
Deposit receipt: Landlords must provide a security deposit receipt to tenants if they own five or more rental units. The receipt must include the location of the bank where the deposit is and whether the account is interest-bearing. Landlords must provide this information within 30 days of collecting the deposit (Fla. Stat. § 83.49(2)).
Interest payments: Florida landlords do not have to pay interest on the tenant’s security deposit. If the deposit is in an interest-bearing account, however, landlords must pay the tenant 75 percent of the annualized interest rate or 5 percent simple interest per year.
Security deposit return: If landlords do not make deductions from the security deposit, they must return funds within 15 days of lease termination. If there are deductions, the allowed time increases to 30 days (Fla. Stat. § 83.49(3a)).
Deductions: Landlords must notify the tenant of their intent to deduct funds from the security deposit within 30 days of moving out, and tenants have 15 days to dispute these deductions. Once they make the repairs, landlords must return the remainder of the deposit within 30 days (Fla. Stat. § 83.49(3a)).
Property Access Laws
There are additional laws that pertain to property access, and when and how landlords may enter the property.
Advance notice: In an emergency, landlords are legally allowed to enter the rental property without notice (Fla. Stat. § 83.53(2b)).
Notice requirements: Landlords must provide a minimum of 24 hours’ notice to tenants before entering the unit, with hours limited between 7:30 am and 8:00 pm (Fla. Stat. § 83.53(2)).
Harassment: If a landlord violates these guidelines repeatedly, it may be considered landlord harassment. In these cases, tenants may be allowed to terminate their lease early without penalty (Fla. Stat. § 83.53(3)).
