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.
For information about fixed-term leases in Florida (i.e., a term of one year or more), click here .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.
Florida lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. [1] 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.
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. [1]
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 .
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.
How does a month-to-month lease work in Florida? How does a month-to-month lease work in Florida? In Florida, a month-to-month lease is renewed every month. A month-to-month lease may be terminated at any time by either the landlord or the tenant for any reason as long as the required amount of written notice is provided. Read more » How many days’ notice is required to terminate a month-to-month lease in Florida? How many days’ notice is required to terminate a month-to-month lease in Florida? Read more » How do I terminate a month-to-month lease in Florida? How do I terminate a month-to-month lease in Florida? Read more »
