A Florida month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement 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 agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have 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 ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
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 the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Florida landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Radon Gas Disclosure – All rental agreements must include a notice about the dangers presented by high levels of radon gas.
- Security Deposit Holdings Disclosure – Florida landlords must provide a written disclosure of how funds will be kept, when collecting a security deposit.
- 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 end a month-to-month lease with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
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 doesn’t have a notice requirement for a rental increase other than having it delivered in writing. 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. In Florida this is 30 days.
Eviction in Florida Month-to-Month Rentals
Florida tenants may get evicted if they violate lease terms or stay 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
-
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.
Source Link
