A Florida month-to-month lease agreement, often called a rental agreement, is a flexible alternative to a fixed-term lease. While both must comply with Florida landlord-tenant laws and required disclosures, month-to-month agreements can be terminated by either party at any time with proper notice. Because there’s no set end date, renters under these agreements are considered “tenants-at-will.” This guide explains how month-to-month leases work in Florida and outlines key legal requirements.
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Required Landlord Disclosures (5)
At the time of lease signing, landlords in Florida must make the following disclosures to their tenants:
- Lead paint: Florida landlords must let tenants know about the knowledge or existence of any lead-based paint or lead-based paint hazards on any property built before 1978.
- Landlord’s name and address: The landlord must disclose the name and address of the landlord or property owner (Fla. Stat. § 83.50).
- Radon: For rental agreements that last longer than 45 days, a warning about radon gas must be included with the lease, including language provided by the Florida legislature (Fla. Stat. § 404.056(5)).
- Fire protection: All buildings over three stories tall must disclose information regarding fire protection, smoke detectors, and fire extinguishers (Fla. Stat. § 719.616).
- Security deposit receipt: Any Florida landlord with more than five or more units must inform tenants of the bank’s location holding the security deposit and if it’s in an interest-bearing account. They must give a receipt to tenants within 30 days of receiving the funds, and the name of the bank holding the deposit must be listed (Fla. Stat. § 83.49(2)).
Required Notice to Terminate Month-to-Month Agreement
Month-to-month leases operate differently than fixed-term leases in that they can be terminated by following the rules set by the Florida legislature.
Required notice for landlord: In Florida, landlords must give the tenant at least 30 days’ written notice when terminating a month-to-month lease (Fla. Stat. § 83.595).
Required notice for tenant: Similarly, tenants can terminate a month-to-month lease by providing at least 30 days’ written notice of the intent to terminate the agreement (Fla. Stat. § 83.595).
Rent Increase Laws
Florida does not have statewide rent control laws; however, some local jurisdictions utilize various forms of rent control. Florida landlords can raise the rent as they see fit, with at least 15 days’ notice to the tenant as the generally accepted guideline.
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