Florida Month-to-Month Lease Agreement
A Florida month-to-month rental agreement is a legal arrangement that allows a tenant to occupy a property on a monthly basis without a fixed lease term. This agreement automatically renews each month until either the landlord or the tenant provides proper notice to terminate. The agreement typically includes essential details such as the rent amount, due date, responsibilities of both parties, and the procedure for giving notice to end the tenancy.
Florida Month-to-Month Lease Agreement
Legal Requirements for Month-to-Month Leases
Minimum Termination Period
In Florida, either party must provide a 30-day notice to terminate the lease.
Rent Increase Notice
While state law does not regulate rent increases, it is considered best practice for landlords to provide a 30-day notice before increasing rent.
Local Variations in Notice Requirements
Miami-Dade County
In Miami-Dade County, landlords must provide a 60-day notice for tenants to move out. Additionally, a 60-day notice is required for rent increases greater than 5%.
Royal Palm Beach
In Royal Palm Beach, a minimum 60-day notice must be given to terminate a month-to-month lease agreement. A 60-day notice is also required for rent increases greater than 5%.
Required Disclosures
Before entering into a lease agreement, landlords in Florida must provide the following disclosures:
- Identification of Landlord – Names and addresses of the landlord or authorized agents must be provided.
- Lead-Based Paint Disclosure – This disclosure is required if the property was constructed before 1978.
- Radon Disclosure – A radon gas disclosure must be provided to new tenants.
- Security Deposit Notice – Landlords with five or more rental units must disclose the location of the security deposit, any entitlement to interest, and the name of the account depository.
Florida Month-to-Month Eviction
Landlords must provide appropriate notice for tenants to vacate, with the length of notice depending on the rental term. The eviction process cannot be executed in retaliation for tenant actions.
Statutes
- Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
- Fla. Stat. § 83.46 – Rent; duration of tenancies
- Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
- Fla. Stat. § 83.48 – Attorney fees
- Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
- Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
- Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.55 – Right of action for damages
- Fla. Stat. § 83.56(2) – Termination of rental agreement
- Fla. Stat. § 83.56(3) – Termination of rental agreement
- Fla. Stat. § 83.57 – Termination of tenancy without specific term
- Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
- Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
- Fla. Stat. § 83.64 – Retaliatory conduct
- Fla. Stat. § 83.67(1) – Prohibited practices
- Fla. Stat. § 83.67(2) – Prohibited practices
- Fla. Stat. § 83.67(4) – Prohibited practices
- Fla. Stat. § 83.67(5) – Prohibited practices
- Fla. Stat. § 83.67(6) – Prohibited practices
- Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
- Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
- Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
- Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
- Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
- Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
- Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
- Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules
FAQs
A Florida month-to-month rental agreement is a legal arrangement that allows a tenant to occupy a property on a monthly basis without a fixed lease term. This type of agreement automatically renews each month until either the landlord or tenant provides a 30-day notice to terminate.
In Florida, either the landlord or tenant must provide a 30-day notice to terminate a month-to-month lease. However, in certain areas like Miami-Dade County and Royal Palm Beach, landlords are required to give a 60-day notice.
Landlords in Florida must provide a 30-day notice before increasing rent. In Miami-Dade County and Royal Palm Beach, a 60-day notice is required for rent increases greater than 5%.
Landlords in Florida must provide several disclosures, including identification of the landlord, lead-based paint disclosure (if applicable), radon disclosure, and security deposit notice. Additional disclosures may include notices regarding abandoned personal property and foreclosure.
The eviction process for month-to-month tenants in Florida requires landlords to provide appropriate notice based on the rental term. Landlords cannot evict tenants in retaliation for exercising their legal rights.
No, a landlord cannot terminate a month-to-month lease without providing the required notice. In Florida, a 30-day notice is mandatory, and in some counties, a longer notice period may apply.
If a tenant does not receive the required disclosures, it may affect the enforceability of the lease agreement. Landlords are legally obligated to provide these disclosures before the lease is signed.