Florida Month-to-Month Lease Agreement

Required Landlord Disclosures (5) 

At the time of lease signing, landlords in Florida must make the following disclosures to their tenants:

1. 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.

2. Landlord’s name and address: The landlord must disclose the name and address of the landlord or property owner (Fla. Stat. § 83.50).

3. 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)).

4. Fire protection: All buildings over three stories tall must disclose information regarding fire protection, smoke detectors, and fire extinguishers (Fla. Stat. § 719.616).

5. 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.

Rent Payment Laws

Grace period: The state of Florida does not require a grace period, but landlords can offer one to tenants.

Late rent fees: Florida landlords can charge “reasonable” late fees, generally understood as no more than $20 or 20% of the monthly rent, whichever is greater. If a landlord charges a late fee for rent payments, the rental agreement must clearly list that information(Fla. Stat. § 83.808(3)).

Tenant’s right to withhold rent: Florida allows tenants to withhold rent for necessary repairs or maintenance if the repair hasn’t been made within 20 days of the landlord receiving notice. The tenant may withhold rent starting at the next rental period until the repair is made. At this point, the tenant must pay the past-due rent amount. If the landlord still hasn’t repaired the issue, the tenant may be allowed to terminate the lease without notice (Fla. Stat. § 83.201).

Pet rent laws: No specific state law sets or limits the amount that landlords can charge as an additional fee for pets.

Security Deposit Rules

Maximum security deposit: Florida does not limit the amount a landlord can collect as a security deposit.

Security deposit receipt: Landlords who manage five or more units must provide the tenant with a receipt for the security deposit collected. They must give the receipt within 30 days of receiving the deposit and list where it is held and whether it is in an interest-bearing account (Fla. Stat. § 83.49(2)).

Interest: Landlords are not required to pay the tenant interest on a security deposit. However, if the landlord keeps the deposit in an interest-bearing bank account, landlords must pay the tenant 75% of the annualized interest rate or 5% per year of simple interest. (Fla. Stat. § 83.49(1))

Deduction tracking: Landlords in Florida are allowed to deduct a portion of the security deposit for repairs beyond normal wear and tear once the tenant has left the property. The landlord must notify the tenant of their intent to withhold funds within 30 days of the tenant moving out, informing them of the repairs needed and the amount to be deducted. Tenants have 15 days to dispute the withholding. If the repairs proceed, the landlord must return the remainder of the deposit within 30 days of sending the notice (Fla. Stat. § 83.49).

Returning a tenant’s security deposit: Landlords have 15 days to return the security deposit once the tenant moves out if they do not intend to withhold any funds. If withholding, the landlord then has 30 days to return the remainder (Fla. Stat. § 83.49(3a)).

Pet deposit tules: Florida has no laws regulating the amount a landlord can charge as a pet deposit.

Property Access Regulations

Advance notice: Landlords in Florida must provide at least 24 hours’ notice before entering a unit, with the hours of entry limited to 7:30 am to 8:00 pm (Fla. Stat. § 83.53(2)).

Immediate access: Florida landlords are legally allowed to enter a tenant’s unit without notice in cases of emergency (Fla. Stat. § 83.53(2b)).

Landlord harassment: If a landlord repeatedly enters a tenant’s unit without notice or outside of the designated timeframe, tenants may be able to claim landlord harassment, potentially allowing them to break their lease early (Fla. Stat. § 83.53(3)).

Rental Agreement Violations

Missed rent payment: If tenants fail to pay their rent, landlords may issue a 3-day notice to pay or quit (Fla. Stat. § 83.56(3)).

Lease violation: For common lease violations, tenants legally have 7 days to cure the violation or leave the property. Illegal activity, unreasonable disturbances, or a second lease violation allows the landlord to provide 7 days’ notice to quit. It does not have to allow the tenant to cure the violation (Fla. Stat. § 83.56(2(b)), (Fla. Stat. § 83.56(2(a))).

Self-help evictions: Florida landlords should never attempt self-help evictions by removing a tenant on their own; they are illegal.

Lease abandonment: The Florida legislature allows lease breakers to abandon a lease early and without proper notice, but only in specific situations. The landlord can sue lease breakers for liquidated damages not exceeding two months’ rent (Fla. Stat. § 83.595).