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What Is a Florida Month-to-Month Lease Agreement?

A Florida month-to-month lease is a short-term rental agreement between the landlord and tenant. The month-to-month tenancy renews at the beginning of each month. While the rental lease agreement is technically only 30 days in length, the parties may find that the arrangement is so beneficial that they make the lease term indefinite.

A month-to-month lease agreement must comply with Florida landlord-tenant laws. Additionally, it should contain the same provisions that a fixed-term or one-year lease, including:

  • The amount of the monthly rent and when the rent payment is due
  • The late fee or late charge amount
  • The amount of the security deposit
  • Rent increases
  • Whether subletting the rental property is allowed by the tenant
  • The occupancy information for the rental unit
  • The parking policy
  • The pet policy
  • The notice period for lease termination for move out
  • How to deliver a written notice
  • Eviction information

What Laws Apply to Florida Month-to-Month Lease Agreements?

Florida month-to-month residential lease agreements are governed by Florida Statutes Chapter 83 Landlord and Tenant Part II Residential Tenancies. State law does not limit the amount that a landlord may charge as a security deposit. However, according to §83.49, landlords must return the security deposit within 15 to 60 days of the move out, depending on whether the tenant disputes any of the deductions removed from the deposit. This list of deductions must be sent to the renter via certified mail.

Landlords and property managers must understand federal law and Florida law. They should seek legal advice before entering into a month-to-month rental agreement with a renter.

Terminating a Florida Month-to-Month Lease Agreements

Under Florida Statutes §83.57, the notice period for a month-to-month lease must be at least 15 days before the month ends. According to state law, the 15 days notice must be a written notice to vacate the property.

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Florida Month to Month Lease Agreement

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