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Free Florida Month-to-Month Rental Agreement

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Florida Month-to-Month Rental Agreement — Florida month-to-month tenancy. Requires not less than 30 days written notice under F.S. § 83.57 (current law).

FL Month-to-Month F.S. § 83.57 Florida Free PDF

A Florida month-to-month rental agreement creates a periodic tenancy under the Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83, Part II). Under F.S. § 83.57, terminating a month-to-month tenancy requires not less than thirty days’ written notice given before the end of any monthly period, and that requirement runs both ways. The agreement should state the monthly rent, the due date, any late fee, the security deposit (held and returned under F.S. § 83.49), utilities, occupancy limits, and the pet policy, and it must include the verbatim radon-gas disclosure required of every Florida lease of more than forty-five days by F.S. § 404.056. See our Florida landlord-tenant law overview for the full framework.

Complete the fields below to generate a Florida-aligned month-to-month rental agreement as a downloadable PDF. Review it against the guide beneath the form, add the required disclosures, have both parties sign, and give each party a copy. For the underlying rules, see our Florida security deposit laws and Florida eviction notice laws guides.

A Florida month-to-month rental agreement creates a periodic tenancy that renews each month and continues until either party ends it with proper written notice. It is governed by the Florida Residential Landlord and Tenant Act, Florida Statutes Chapter 83, Part II. Within that framework the parties are free to set the commercial terms — rent, deposit, late fee, utilities, occupancy, and pets — but Florida’s mandatory rules on the termination notice, the deposit deadlines, habitability, and the radon disclosure override any conflicting clause. The generator above builds a Florida-aligned agreement; the guide below explains what the law actually requires and cites the statute for each point.

A month-to-month tenancy has no fixed end date — it simply renews at the start of each new monthly period until someone ends it. Under F.S. § 83.57, ending a month-to-month tenancy requires not less than thirty days’ written notice given before the end of any monthly period, and that notice runs both ways: the landlord gives it to end the tenancy without cause, and the tenant gives it to move out. The thirty days must land before the close of a monthly period, so a notice delivered mid-month generally ends the tenancy at the end of the following month rather than exactly thirty days later. Getting that count right is what separates a valid non-renewal from one a Florida court will reject.

Termination for no cause under § 83.57 is a different track from termination for a rent default or a lease violation. If the tenant fails to pay rent, the landlord’s remedy is the separate three-day notice (excluding Saturdays, Sundays, and legal holidays) under F.S. § 83.56(3); for a curable lease violation it is a seven-day cure notice under § 83.56(2). A good agreement names the landlord or authorized agent and a service address so that every one of these notices — the thirty-day termination, the three-day rent demand, and the seven-day cure — has a clear place to be sent and proof of where it went.

The trade-off is flexibility versus certainty. A month-to-month tenancy lets either side change course on thirty days’ notice — useful for a landlord planning to sell or renovate, or a tenant whose plans are unsettled — but it also means the rent and the tenancy itself can move on that same short horizon. A fixed-term lease, typically one year, locks the rent and the right of occupancy for the whole term, which most tenants prefer for stability, but it commits both sides for the duration.

Two points narrow the practical gap in Florida. First, a rent increase on a month-to-month tenancy takes effect only for a new monthly period, so a landlord in practice gives the same not-less-than-thirty-day written notice used to terminate, and the tenant is free to accept the new rent or give notice and leave. Second, when a fixed-term Florida lease ends and the tenant stays on with the landlord’s consent, the tenancy usually rolls into a month-to-month on the same terms — so most Florida landlords manage a periodic tenancy eventually, and the agreement on this page is what governs it. Whichever structure you choose, the deposit, habitability, disclosure, and notice rules described here apply the same way.

• Parties and premises — every adult tenant, the landlord or authorized agent, a service address, and the exact unit address.
• Month-to-month term and the 30-day notice — that the tenancy renews monthly and how either party ends it (F.S. § 83.57).
• Rent and payment — the amount, the due date, the accepted methods, and any late fee (Florida sets no cap, so the fee must be a reasonable estimate of the landlord’s costs).
• Security deposit — the amount, how it is held, and an acknowledgment of the fifteen-day and thirty-day return rules (F.S. § 83.49).
• Habitability, utilities, occupancy, pets, and access — who pays what, the landlord’s maintenance duty (F.S. § 83.51), and reasonable landlord access (F.S. § 83.53).
• Required disclosures and signatures — the verbatim radon-gas disclosure (F.S. § 404.056), the landlord/agent address, pre-1978 lead paint, and a dated signature block.

Termination notice (F.S. § 83.57)

For a month-to-month tenancy, not less than thirty days’ written notice given before the end of any monthly period ends the tenancy without cause, and either party may give it. (Florida’s statute also fixes the notice for other periodic tenancies — a quarter-to-quarter tenancy takes not less than thirty days, a week-to-week tenancy not less than seven days.) The notice must be in writing and identify the date the tenancy ends. This no-cause notice is separate from the three-day rent demand and the seven-day cure notice under § 83.56.

Rent and late fees

Florida does not cap residential rent and, unlike some states, imposes no statutory grace period and no cap on late fees. A late fee is enforceable only if it is written into the agreement and a court would view it as a reasonable estimate of the landlord’s actual costs rather than a penalty; Florida courts generally accept fees in the range of five to ten percent of monthly rent, and fees well above that risk being struck as punitive. Because there is no statutory rent-increase notice for a month-to-month, an increase takes effect for a new monthly period and is delivered with the same not-less-than-thirty-day written notice under § 83.57.

Security deposit (F.S. § 83.49)

Florida sets no cap on the security deposit amount but tightly controls how it is held and returned. The landlord must hold the deposit in a separate non-interest-bearing Florida account, in a separate interest-bearing account (sharing at least seventy-five percent of the interest or five percent simple interest with the tenant), or post a surety bond. If the landlord makes no claim, the deposit must be returned within fifteen days after the tenancy ends. To keep any part of it, the landlord must send written notice of the intent to impose a claim by certified mail (or e-mail) within thirty days; the tenant then has fifteen days to object in writing. Missing the thirty-day deadline forfeits the right to keep any of the deposit.

Habitability and maintenance (F.S. § 83.51)

Every residential tenancy carries the landlord’s duty to comply with applicable building, housing, and health codes and to keep the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, plumbing, and screens in good repair. In a multi-unit building (other than a single-family home or duplex) the landlord must also provide extermination, working locks and keys, clean and safe common areas, garbage removal, and functioning heat in winter, running water, and hot water. The landlord is not responsible for conditions the tenant caused. After the tenant gives written notice under § 83.56(1) allowing seven days to cure, an uncured material failure lets the tenant withhold rent or terminate.

Required disclosures

Every Florida lease of more than forty-five days must contain the verbatim radon-gas disclosure set by F.S. § 404.056(5) — the exact statutory language, which cannot be paraphrased. The agreement should also give the name and address of the landlord or authorized agent for service of notices (F.S. § 83.50), and for housing built before 1978 it must include the federal lead-based paint disclosure and the EPA pamphlet. Getting these into the signed agreement — rather than promising them verbally — is what makes them provable later.

• Deposit penalties (§ 83.49). If the landlord fails to send the notice of intent to impose a claim within thirty days, the landlord forfeits the right to keep any of the deposit and, in a dispute, the prevailing party may recover court costs and attorney’s fees.
• Habitability breach (§§ 83.51, 83.56). After a proper seven-day written notice that the landlord does not cure, the tenant may withhold rent or terminate the tenancy, and may raise the failure as a defense to eviction.
• Defective notice (§§ 83.57, 83.56). A no-cause eviction filed on a short or miscounted thirty-day notice — or a nonpayment case on a defective three-day notice — is subject to dismissal.
• Retaliatory conduct (§ 83.64). Florida bars a landlord from terminating or raising rent to retaliate against a tenant who has complained to a code agency or asserted a legal right.

• Using the wrong notice. A no-cause termination needs the full thirty days under § 83.57; a rent default needs the three-day notice under § 83.56 — the two are not interchangeable.
• Miscounting the thirty days. The notice must land before the end of a monthly period, not merely thirty days from any date; a mid-period notice ends the tenancy at the close of the next month.
• Missing the deposit deadlines. Fifteen days to return with no claim, thirty days to send a certified-mail claim — blowing the thirty-day claim window forfeits the whole deposit under § 83.49.
• Charging an unreasonable late fee. Florida sets no cap, but a fee a court views as a penalty rather than a reasonable cost estimate is unenforceable.
• Omitting the radon disclosure. The § 404.056 radon language is mandatory in every lease over forty-five days and must appear verbatim.
• Self-help eviction. Changing locks, removing doors, or shutting off utilities to force a tenant out is prohibited by F.S. § 83.67 and exposes the landlord to damages.

• State the 30-day termination rule and the exact rent, due date, and any late fee, keeping the fee a reasonable estimate of your costs.
• Name the landlord or agent and a service address so every notice has somewhere to go and proof of delivery.
• Track the deposit clock — fifteen days to return, thirty days to send a certified-mail claim — and always put deductions in writing.
• Include the verbatim radon disclosure and the pre-1978 lead-paint packet where it applies.
• Do a documented move-in inspection with dated photos so the deposit accounting is defensible.
• Screen the tenant before you sign — verify credit, rental history, evictions, and income first.
• Have counsel review anything unusual, subsidized, or high-value.

A Florida month-to-month tenancy usually turns on whether a notice was delivered and counted correctly, so the mechanics matter as much as the timing. Put the thirty-day termination notice in writing, name the tenant and the property, and state the exact date the tenancy ends — a date that falls on or before the end of a monthly period. Count carefully; when in doubt, add a few days of cushion rather than risk a short notice a court will reject. A rent default is handled on its own track with the three-day notice under § 83.56(3), and a curable lease violation with the seven-day cure notice under § 83.56(2).

Deliver the notice in a way you can prove: personal delivery to the tenant, leaving it with a resident of suitable age at the unit, or, for a § 83.56 notice, mailing it (Florida adds five days for a mailed rent demand). Keep a dated copy and a record of how and when it was served — that proof of service is what a landlord attaches to an eviction filing, and what a tenant relies on to show a non-renewal was late. Because Florida prohibits self-help lockouts and utility shutoffs under § 83.67, a landlord who wants possession after a proper notice must still use the county court eviction process.

Florida recognizes electronic signatures under the Uniform Electronic Transaction Act (Chapter 668, Part I), so an agreement signed through a reputable e-signature service is as binding as ink when both parties agreed to sign electronically. However it is executed, each party should receive a fully signed copy, and the landlord should keep the signed original, the radon and lead disclosures, and any addenda together for the life of the tenancy plus the limitations period for a deposit or habitability claim.

Do a documented move-in inspection: walk the unit with the tenant, note every existing defect on a condition form, and take dated photographs. Because a Florida landlord who keeps part of the deposit must deliver a written statement of the claim within thirty days, that dated record is what makes the deposit accounting defensible when the tenancy ends. Confirm smoke alarms are working before the tenant takes possession, and disclose in writing where the deposit is held as § 83.49 requires within thirty days of receiving it.

To end the tenancy, either party delivers a written thirty-day notice stating the termination date, and the landlord returns the deposit (or sends the certified-mail claim) on the § 83.49 timeline. If the tenant does not leave after a proper notice, the landlord’s remedy is the county court eviction process — not a lockout, which Florida prohibits. Calendaring the notice and deposit deadlines inside the agreement avoids the most common month-to-month disputes.

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