Florida Month-to-Month Lease Agreement

Month-to-Month Leases in Florida

There are many elements of a Florida month-to-month lease agreement that landlords should keep in mind. Many of these elements are crucial for the lease to be considered legal in the court of law. The following clauses are some of the most important legal aspects you should include in your lease.

Lease Termination & Renewal 

• In Florida, most counties require landlords to give tenants, and the other way around, at least 30 days’ notice when they want to terminate the lease. In some counties, it’s 15 days; in others, like Royal Palm Beach and Miami-Dade County, you must give 60 days’ notice.

• Since this lease operates month-to-month, it’s assumed to continue infinitely until either party terminates it.

Rent Increases 

• There are no laws that state how much of a notice period a landlord must give when they increase the rent. However, generally, it’s accepted that landlords provide at least 30 days’ notice. In both Royal Palm Beach and Miami-Dade County, landlords must give 60 days’ notice if they increase the rent by over 5%.

Security Deposit

• Landlords generally ask for 1x to 3x the monthly rental amount. However, the landlord must keep the security deposit in a separate bank account. The account must be registered with a licensed and insured financial institution or bank. 

• Within 30 days of the lessor receiving the deposit, they must send a notice of receipt to the tenant. This notice must also disclose the security deposit’s location. The landlord can choose whether it’s an interest-bearing account. However, if it bears interest, they must provide it annually to the tenant as a payment or rent reduction.

Tenant Rights 

• A tenant has the right to the premises, which means the lessor can’t lock them out for a breach of contract or non-payment of the rent without following the correct procedures. The tenant also has a right to a healthy and safe environment. As such, the landlord is responsible for resolving any conditions that cause the tenant material harm. However, that’s only if the tenant didn’t cause these conditions.

Required Disclosures 

All contracts have required disclosures, but the disclosures can change depending on the state. Florida landlords must add the following disclosures:

• Landlord’s Address and Contact Details: The lessor must provide the tenant with their contact details. These details include their name, address, and how to reach them or whoever manages the property.

• Radon Gas Disclosure: A clause must explain the definition of radon gas, how it occurs, and the risks of radon gas and high levels of it in a building.

• Lead-Based Paint Disclosure: The landlord must add this clause if the building is older than 1978. They must also provide an EPA-approved informational pamphlet.

• Security Deposit Holding: As mentioned before, the lessor must disclose how and where they’re keeping the security deposit to the tenant.