Florida Month-to-Month Rental Agreement

Florida Month-to-Month Rental Agreement Guide

⚠️ Legal Notice: This form is for informational purposes only and does not constitute legal advice. Consult a qualified Florida attorney for specific legal guidance.

What is a Month-to-Month Rental Agreement?

A month-to-month rental agreement, also known as a periodic tenancy, is a flexible rental arrangement that automatically renews each month until either the landlord or tenant provides proper notice to terminate. Unlike fixed-term leases that lock both parties into a specific period (usually 12 months), month-to-month agreements offer flexibility for both landlords and tenants.

In Florida, month-to-month tenancies are governed by Florida Statutes § 83.57, which establishes the notice requirements for termination and rent changes.

Florida Termination Notice Requirements

Under Florida Statutes § 83.57(3), the termination notice requirements depend on the type of tenancy:

Tenancy Type	Notice Required	When to Deliver
Month-to-Month	15 days	Before end of monthly period
Week-to-Week	7 days	Before end of weekly period
Year-to-Year	60 days	Before end of annual period

Calculating the 15-Day Notice Period

The 15-day notice must be delivered at least 15 days before the end of the current monthly period. For example:

• If rent is due on the 1st and you want to terminate by January 31st, notice must be delivered by January 16th
• If notice is delivered on January 20th, the earliest termination date would be February 28th

When to Use a Month-to-Month Agreement

For Landlords:

• Planning to sell the property in the near future
• Wanting flexibility to adjust rent to market rates
• Testing a new tenant before offering a long-term lease
• Property may need renovations or repairs
• Seasonal rental markets (snowbirds, tourists)

For Tenants:

• Job relocation is possible or pending
• Waiting to purchase a home
• Temporary housing during life transitions
• New to an area and still exploring neighborhoods
• Need flexibility due to uncertain circumstances

Rent Increases in Month-to-Month Tenancies

One significant consideration for month-to-month tenancies is that landlords can increase rent more frequently than with fixed-term leases. In Florida:

• Landlords must provide 15 days’ written notice before a rent increase takes effect
• The notice must be delivered before the end of the monthly period
• There is no cap on how much rent can be increased (Florida has no rent control)
• Tenants can refuse the increase and terminate the tenancy with proper notice

Converting from Fixed-Term to Month-to-Month

In Florida, when a fixed-term lease expires and the tenant remains in possession with the landlord’s consent (continuing to accept rent), the tenancy typically converts to a month-to-month arrangement under the same terms as the original lease, except for the duration.

Landlords who don’t want this automatic conversion should:

• Include specific language in the lease about what happens at expiration
• Send a non-renewal notice before the lease expires
• Offer a new lease agreement for the tenant to sign

Security Deposit Rules

Florida’s security deposit requirements under § 83.49 apply equally to month-to-month and fixed-term tenancies:

• No statutory limit on deposit amount
• Must be held in a Florida banking institution or surety bond
• Written notice of deposit location required within 30 days
• Return within 15 days if no deductions, or 30 days with itemized claim

Advantages and Disadvantages

Advantages:

• Flexibility: Easy exit for both parties with just 15 days’ notice
• No long-term commitment: Ideal for uncertain situations
• Adaptability: Terms can be modified with proper notice
• Market responsiveness: Rent can adjust to market conditions

Disadvantages:

• Less security: Either party can terminate relatively quickly
• Potential rent increases: No protection from market rate changes
• Uncertainty: No guaranteed length of tenancy
• Higher turnover risk: May lead to more frequent vacancies

Frequently Asked Questions

Can a landlord raise rent on a month-to-month lease?

Yes. In Florida, landlords can raise rent on month-to-month tenancies with 15 days’ written notice before the end of the monthly period. There is no limit on the amount of increase.

Do I need a written agreement for month-to-month?

While oral month-to-month agreements are technically valid in Florida, a written agreement is strongly recommended to clearly document all terms, rent amount, rules, and required disclosures.

What if my fixed lease expired and I’m still living here?

If you continue occupying the property and the landlord continues accepting rent after a fixed-term lease expires, you’ve likely created a month-to-month tenancy under the same terms.

Can I be evicted without cause on month-to-month?

Yes. In Florida, landlords can terminate a month-to-month tenancy for any reason (or no reason) with proper 15-day notice, as long as it’s not for discriminatory or retaliatory reasons.