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With a month-to-month lease, landlords can rent out a property on a monthly basis, which means tenants don't commit to an annual rental agreement.
However, this document legally binds both parties, so there are obligations and regulations that property owners and lessees must uphold.
Here's a short but comprehensive guide on everything you need to know about a Florida month-to-month lease agreement.
How Does a It Work in Florida?
In Florida, a month-to-month lease is a rental contract backed by the state landlord and tenant law. Therefore, lessees must pay rent on time and keep the unit in excellent condition while property owners must make sure it's safe.
In addition, Florida has imposed some regulations about what this document must include and how much notice landlords or tenants must give before terminating this lease. Find more information about it below!
Legal Disclosures
This document must also include the following disclosures in order to be legal:
- Identification: Landlords must provide their names and addresses to tenants. This information may be used to send or receive notices, demands, and other documents.
- Radon: Florida requires that landlords include this disclosure to inform tenants about whether this radioactive gas has accumulated in the building.
- Lead-based Paint Disclosure: Property owners are also required to inform lessees if there's the presence of this toxic lead paint on the property. It applies to units built before 1978.
- Security Deposit: Those with five or more rental units must provide a written notice to tenants, including all information stated in Subsection (2) of Section 83.49 of Florida statutes related to security deposits.
How Much Notice to Give to End a Lease?
Under Florida laws, landlords who want to end a month-to-month lease must serve tenants with a 15 days' notice. It must be in written form.
Can Landlords Evict a Month-to-Month Tenant in Florida?
This state also allows landlords to evict month-to-month tenants under some conditions, including the following:
- The landlord delivered the proper notice to the lessee.
- The notice period elapses.
- The lease expires.
- The tenant remains in the property after that period.
Landlords must file a complaint with a county court to begin the eviction process, which usually lasts 2-3 weeks. It may take longer depending on the case.
Get Free Florida Rental Forms Here!
Renting out a property is time-consuming and a bit stressful if you don't have the right resources. Fortunately, DoorLoop has your back! We offer free rental forms to Florida landlords!
Build Your Own
If your circumstances are special and you want to customize your contract, we recommend this paid service!
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FAQs
Should I Give the Tenant a Notice Before Raising the Rent?
You're right! Florida requires landlords to send a 15 days' notice to the other party before raising the rent.
How Can I End a Month-to-Month Lease in Florida?
If you want to end a month-to-month lease in Florida, you must deliver a proper notice to the tenant, following state regulations.
Tenants can also terminate a lease by sending the landlord a 15 days' notice. That's the minimum termination notice in this state, and either the landlord or tenant can send it.
Can a Landlord Evict Tenants If They Don't Pay Rent?
Yeah! In Florida, landlords can evict tenants if they don't pay rent, but they must follow local eviction laws.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.
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