Florida Laws Regarding Month-to-Month Rent

by Jill Stimson J.D. ; Updated July 27, 2017
Florida law allows month-to-month rentals by oral or written agreement.

In Florida, landlords may legally enter into month-to-month tenancies with renters through written contracts or oral agreements. Monthly tenants have the same rights as tenants with an annual lease. Similarly, landlords have the same responsibilities to month-to-month tenants, such as the responsibility to provide adequate notice prior to terminating the lease.

Tenant Rights

The Florida legislature provides monthly tenants with the same rights as tenants who sign yearly lease agreements. Similarly, landlords must provide a monthly tenant with the same protections non-monthly tenants enjoy. These rights include the landlord’s duty to disclose all hidden dangers on the property and repair any necessary items that could cause harm to the tenant. Landlords must also provide adequate safety to tenants and provide safeguards to prevent crime from occurring, if possible.

Notice for Termination

Florida’s Civil Statutes allow either landlord or tenant to terminate an oral or written lease agreement by providing at least 15 days' notice to the other party. For example, month-to-month tenants who want the lease to end on November 1, 2011, must provide notice of termination to the landlord by October 15, 2011. If either party fails to provide the adequate notice within the allowable time frame, then termination cannot occur without mutual agreement. In this example, the tenant is responsible for rental payments until December 1. Similarly, landlords may not rent the unit to another tenant until the tenancy ends on December 1.

Video of the Day

Brought to you by Sapling
Brought to you by Sapling

Eviction

Florida landlords must provide tenants with at least a three-day window of opportunity to pay overdue rent, according to state law. If the tenant does not pay within three days of the payment due date, then the landlord can pursue a forced eviction through the local Circuit Court. If the tenant provides the rental payment within three days, the landlord may not evict the tenant solely for nonpayment of rent. If a tenant pays rent after the three-day grace period and the landlord accepts it, the tenant cannot be legally evicted for nonpayment. Landlords who do not accept the late rental payment may evict the tenant for nonpayment.

Considerations

Because landlord-tenant laws frequently change, consult an attorney for answers to questions specific to your situation.

About the Author

Jill Stimson has worked in various property management positions in Maryland and Delaware. Stimson worked for the top three property management companies in the commercial industry and focuses her career on property building logistics and tenant relationships. She holds a Juris Doctor and a Bachelor of Science in psychology.

Photo Credits

  • apartment lease sign image by Aaron Kohr from Fotolia.com
Cite this Article A tool to create a citation to reference this article Cite this Article