Fillable Form Florida Month-to-Month Lease Agreement

What is the Florida Month-to-Month Lease Agreement?

The Florida Month-to-Month Lease Agreement is a short-term contract allowing a tenant to rent the landlord’s property in exchange for a fee or rent for 30 days at a time. Even if the agreement is technically for only 30 days, the parties may agree to make the lease indefinite until either party gives proper notice to terminate it.

You may download a PDF copy of the Florida Month-to-Month Lease Agreement Template from websites that offer document templates. But you may electronically fill it out on PDFRun for your convenience.

How to fill out the Florida Month-to-Month Lease Agreement?

Make sure that everything you enter in the Florida Month-to-Month Lease Agreement is true, accurate, and correct.

Date

Enter the date.

Landlord

Enter the name of the landlord.

Phone

Enter the phone number of the landlord.

Email

Enter the email address of the landlord.

Tenant

Enter the name of the tenant.

Phone

Enter the phone number of the tenant.

Email

Enter the email address of the tenant.

Premises

This section states that the landlord, in consideration of the rent amount and other covenants, rents the Premises and Shared Living Address defined herein. The tenant agrees not to use the Premises for carrying on any kind of business.

Parking

Enter the address of the parking.

Appliances

Enter the appliances the Premises is outfitted with.

Term

This section states that this Agreement will be in effect from the date set forth above and will be automatically renewed on a monthly basis until termination.

Rent

Monthly Rent

Enter the monthly rent for the Premises.

Day Payable

Enter the day the monthly rent is payable.

Penalty

Enter the amount of penalty.

Late Payment

This section states that if any rent paid by the Tenant is not made within three days of when rent is due, the Tenant shall pay a “3 Day Late Fee” to the Landlord. But if the rent payment is not made within 15 days when the rent is due, the Tenant shall pay a “15 Day Late Fee” to the Landlord.

3-Day Late Fee Amount

Enter the 3-Day Late Fee Amount.

15-Day Late Fee Amount

Enter the 15-Day Late Fee Amount.

Security Deposit

This section states that the Tenant will pay a security deposit to the Landlord. The Security Deposit will be returned to the Tenant at the end of the tenancy.

Security Deposit Amount

Enter the security deposit amount.

Animals

This section states that parties agree the total number of animals on the Premises by all Tenants of the Premises may not exceed one dog or cat. The Tenant acknowledges that he is exclusively responsible for any damage caused to the Premises by such animal.

Security Deposit

Enter the additional security amount.

Residential Duties

This section states that the Tenant shall, at its own expense, comply with all obligations imposed upon them by applicable provisions of building, housing, and health code; keep the Premises clean and sanitary; remove all garbage from the dwelling unit in a clean and sanitary manner; keep all plumbing fixtures in the dwelling unit clean, sanity, and repaired; replace air conditioning filters as and when needed, but at least once every other month; and use and operate reasonably all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances.

Damage to Premises

This section states that if the Premises is damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with the Tenant’s consent, the Tenant may terminate the FL Month-to-Month Lease Agreement within 30 days after the damage or destruction and the Tenant will immediately vacate the Premises.

It states further that if the Tenant vacates, they are not liable for rent that would have been due after the date of termination. The Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case the Tenant's liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed.

Improvements by Tenant

This section states that the Tenant may not make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement and all such alterations or improvements shall become the property of the Landlord.

Quiet Enjoyment

This section states that the Tenant will have quiet enjoyment of the Premises for the term of this Agreement, provided that the Tenant dutifully pays rent ad performs the covenants in accordance with the terms and conditions stated in the Month-to-Month Lease Agreement in Florida.

Disclosure of Information on Lead-Based Paint

This section states that the housing built before 1978 may contain lead-based paint, and it may pose health hazards if not taken care of properly. Lessors must disclose the presence of lead-based paint hazards in the dwelling, and lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Surrender of Premises

This section states that at the expiration of the Agreement Term, the Tenant shall immediately surrender the Premises in the same condition as at the state of the Agreement, reasonable use and wear thereof and damages by the elements excepted; and he shall return to Landlord a complete set of keys to the Premises and provide Landlord in writing, the Tenant’s forwarding address.

Legal Expenses

This section states that if the Tenant breach this Agreement, the Landlord shall be indemnified by Tenant for any reasonable attorneys’ fees and out-of-pocket cost which in any way relate to, or were precipitated by, the breach of this Agreement.

Non-Waiver

This section states that any failure by the Landlord to exercise any rights under this Agreement shall not constitute a waiver of rights.

Binding Effects

This section states that the Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of the Landlord and Tenant.

Assignment and Sub-letting

This section states that the Tenant shall not assign, sublet or grant any license to use the Premises or any part thereof without the prior written consent of the Landlord.

Amendment of Agreement

This section states that any amendment or modification of this Agreement must be evidenced in writing and signed by the parties.

Entire Agreement

This section states that the Agreement will constitute the entire agreement between the Landlord and Tenant.

Severability

This section states that if any conflicts arise between any provision of this Agreement and the applicable legislation of the State of Florida, the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act.

Governing Law

This section states that the Florida Month-to-Month Lease Agreement Form shall be construed in accordance with and government by the laws of the State of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Landlord

Signature

Have the landlord affix their signature.

Date

Enter the date.

Tenant

Signature

Have the tenant affix their signature.

Date

Enter the date.

Frequently Asked Questions About theFlorida Month-to-Month Lease Agreement

Are month-to-month leases legal in Florida?

Yes, month-to-month leases are legal in Florida. You can typically find these types of leases in vacation rentals or other short-term situations. Keep in mind that both the landlord and tenant must agree to the terms of the lease, and it is important to have everything in writing.

Landlords use month-to-month leases to fill vacancies on a temporary basis or to offer tenants a flexible lease option. This type of lease can be beneficial for tenants who are not ready to commit to a long-term lease but still need stability and security. Month-to-month leases also give tenants the ability to move out with just 30 days' notice, which can be helpful in cases of job loss or other unforeseen circumstances.

Before signing a month-to-month lease, it is important to understand the terms and conditions. Make sure that you know how much rent you will be responsible for each month and what utilities, if any, are included in the rent price. Also, find out if there are any restrictions on subleasing or renewing the lease. Finally, be sure to get everything in writing so that there is no confusion later on.

How does a month-to-month lease work in Florida?

A month-to-month lease in Florida is a type of rental agreement where the tenant pays rent on a monthly basis, typically on the first of each month.

The landlord and tenant agree to the terms of the lease, including the amount of rent and any other rules or regulations, for a period of one month at a time.

This type of arrangement can be beneficial for both parties since it offers flexibility and allows either side to cancel the agreement with 30 days' notice. However, it's important to understand that month-to-month leases can be more expensive than traditional leases since landlords often charge a higher rate for this type of agreement.

There are a few things to keep in mind if you're considering a month-to-month lease in Florida:

1. Make sure you understand the terms of the agreement before signing anything.
2. Be aware that month-to-month leases often come with a higher rent price.
3. Remember that either party can cancel the agreement with 30 days' notice.
4. If you have any questions, be sure to ask your landlord or property manager for clarification.

How do you evict someone from a month-to-month lease in Florida?

You can evict someone from a month-to-month lease in Florida by following the procedures set forth in the state's landlord-tenant law:

1. Give the tenant a written notice that you are terminating the lease, and state the reason for the termination.
2. If the tenant does not move out by the date specified in the notice, file a complaint with the clerk of court in the county where the property is located.
3. Serve the tenant with a copy of the complaint and a summons to appear in court.
4. Attend the eviction hearing, and if the judge rules in your favor, the sheriff will issue a writ of possession ordering the tenant to vacate the premises.

While going to court may be time-consuming and expensive, it is the only way to legally evict someone from a month-to-month lease in Florida.

Can a landlord terminate a lease early in Florida?

In general, a landlord in Florida can terminate a lease agreement early for several different reasons:

• The tenant has failed to pay rent — If a tenant has failed to pay rent, the landlord can give them a 3-day notice to pay rent or vacate the premises.
• The tenant has violated the terms of the lease agreement — If a tenant has violated the terms of their lease agreement, the landlord can give them a 7-day notice to cure the violation or face eviction.
• The tenant is engaging in illegal activity on the property — If a tenant is engaging in illegal activity on the property, the landlord can give them an unconditional quit notice to vacate the premises immediately.

If you are a landlord in Florida and you need to terminate a lease early for any of these reasons, it's important to follow all of the proper legal steps to do so. Otherwise, you could face a lawsuit from your tenant.

If you have any further questions about terminating a lease early in Florida, you should always contact an experienced attorney for help.

What can a landlord not do in Florida?

In Florida, tenants are protected by a number of laws that prevent landlords from engaging in certain kinds of behavior:

• Landlords cannot evict tenants without cause — There should always be a specific, legally valid reason for eviction, such as non-payment of rent or damage to the property before a landlord can even begin the eviction process. Without any cause, a landlord cannot simply give a tenant notice to vacate the premises.
• Landlords cannot terminate a tenancy without cause — In addition to not being able to evict tenants without cause, landlords also cannot terminate a lease agreement prematurely without having a specific legal reason for doing so. If a landlord tries to do this, the tenant may have grounds to sue for wrongful eviction.
• Landlords cannot retaliate against tenants — It is illegal for landlords to take any kind of retaliatory action against tenants who exercise their legal rights, such as filing a complaint about the condition of the property or withholding rent because repairs have not been made. If a landlord is found to have retaliated against a tenant, the tenant may be awarded damages in court.
• Landlords cannot change the locks without notice — In Florida, landlords are not allowed to simply change the locks on a rental property in order to force a tenant out. This is considered illegal “self-help” eviction and can result in the landlord being sued by the tenant.
• Landlords cannot remove personal property — A landlord also cannot remove a tenant’s personal belongings from the rental unit in an attempt to evict the tenant. This, too, is considered a self-help eviction and can lead to legal action being taken against the landlord.
• Landlords cannot shut off utilities — Landlords in Florida are not allowed to shut off a tenant’s utilities in an attempt to get them to leave the property. This is considered illegal harassment and can result in the landlord being fined or even imprisoned.
• Landlords cannot charge excessive late fees — In Florida, landlords are only allowed to charge reasonable late fees for rent that is not paid on time. Landlords cannot charge excessive late fees or any other type of “penalty” fee in an attempt to penalize tenants.
• Landlords cannot discriminate against tenants — It is illegal for landlords to discriminate against tenants based on race, color, religion, national origin, sex, disability, or familial status. If a landlord is found to have discriminated against a tenant, the tenant may be awarded damages in court.
• Landlords cannot raise the rent without proper notice — In Florida, landlords must give tenants at least 30 days’ notice before raising the rent on a rental unit. If a landlord tries to raise the rent without proper notice, the tenant may have grounds to sue for wrongful eviction.
• Landlords cannot enter a tenant's unit without proper notice or consent — In Florida, landlords must give tenants at least 24-hour notice before entering a rental unit for any non-emergency reason. If a landlord tries to enter a tenant’s unit without proper notice or consent, the tenant may have grounds to sue for invasion of privacy.
• Landlords cannot disclose certain information about a tenant — In Florida, landlords are not allowed to disclose certain types of information about a tenant without the tenant’s consent. This includes information about a tenant’s race, color, religion, national origin, sex, disability, or familial status. If a landlord is found to have disclosed this type of information without a tenant’s consent, the tenant may be able to sue for damages.

These are just some of the rights that tenants have in Florida. If you are a tenant in Florida and you feel that your rights have been violated, you should contact an experienced landlord-tenant attorney to discuss your legal options.

Can a landlord evict you if there is no lease in Florida?

Yes, a landlord can evict you if there is no lease in Florida. This is because the state of Florida recognizes oral leases, which are contracts made verbally between a landlord and tenant. An eviction can occur if the landlord or tenant breaks the terms of the oral lease agreement. Additionally, evictions can take place if the property is sold or foreclosed upon, or if the landlord needs to make repairs to the unit that require it to be vacant.

What are your rights as a tenant without a lease in Florida?

If you are renting a home or apartment in Florida and do not have a lease, you are considered a "tenant at will." This means that either the landlord or the tenant can end the tenancy with 30 days' notice. However, there are some exceptions to this rule. For example, if you have been paying rent on a monthly basis, your landlord must give you 60 days' notice before ending your tenancy. Additionally, if you have lived in your rental unit for more than one year, your landlord must give you 90 days' notice before terminating your tenancy.

As a tenant at will, you also have the right to receive proper notice before your landlord enters your rental unit. Your landlord must give you at least 24-hour notice before entering your home for any reason other than an emergency.

If you are a tenant at will, you may also have the right to renew your lease. In Florida, landlords must give tenants who have lived in their rental unit for more than one year the option to renew their lease for another year. However, landlords are not required to offer renewal leases to tenants who have been living in their rental unit for less than one year.

Even if you do not have a lease, you still have certain rights as a tenant in Florida. It is important to be aware of these rights so that you can protect yourself in case of any problems with your landlord.

How long can a tenant stay after the lease expires in Florida?

In Florida, a tenant can stay after the lease expires if the landlord does not give them the notice to vacate. The notice must be in writing and state that the tenant has a certain amount of time to move out, usually 30 or 60 days. If the tenant does not move out by the deadline, the landlord can file an eviction lawsuit.

If the tenant has a month-to-month lease, the landlord can give them a written notice to vacate at least 15 days before the end of the rental period. The amount of notice required may be different if the lease agreement says so.

If the tenant has a fixed-term lease that is about to expire, the landlord cannot evict the tenant unless they have violated their lease agreement in some way. Even then, the landlord must give the tenant a written notice specifying the violation and how they can remedy it. If they don't fix the problem within a certain time frame (usually 7-30 days), then they can be evicted.

In general, tenants in Florida are protected by law from being unfairly evicted. However, it is always best to consult an attorney if you are unsure of your rights or what to do in a particular situation.

Is a text message considered a written notice in Florida?

In Florida, a text message is not considered written notice. However, depending on the context and content of the message, a court may consider it as evidence in a case.

It is always best to err on the side of caution and consult with an attorney if you are unsure whether a text message will be admissible in your case.

Can a landlord terminate a lease without cause?

There are a few situations where a landlord may be able to terminate a lease without cause:

• If the tenant has violated the terms of the lease agreement, the landlord may be able to terminate the lease.
• If the tenant has caused damage to the property, the landlord may be able to terminate the lease.
• If the tenant has not paid rent, the landlord may be able to terminate the lease.
• If the tenant has engaged in illegal activity on the property, the landlord may be able to terminate the lease.
• If the landlord needs to make repairs or renovations to the property that require it to be vacant, the landlord may be able to terminate the lease.
• If the property is being sold and new owners do not want to honor existing leases, the landlord may be able to terminate the lease.
• If the tenant has breached the peace or is disrupting other tenants, the landlord may be able to terminate the lease.
• If the tenant is using the property for illegal purposes, the landlord may be able to terminate the lease.
• If the landlord wants to move into the property themselves, they may be able to terminate the lease with proper notice.
• In some states, landlords may be able to terminate a lease if the tenant has been convicted of a crime.

If a landlord attempts to terminate a lease without cause, they must usually give proper notice to the tenant as required by state law. The amount of notice required varies by state but is typically 30 or 60 days. The landlord must also have a valid reason for terminating the lease. If the landlord does not have a valid reason, the tenant may be able to challenge the termination in court.

Can you evict someone without a lease?

There is no definitive answer to this question since eviction laws vary from state to state. However, in general, if you do not have a lease, you may be considered a tenant-at-will and can be evicted for any reason that is not discriminatory.

To avoid potential problems, it is always best to consult with an experienced landlord-tenant attorney in your area to determine your rights and options.

What happens if my landlord sells the house I'm renting in Florida?

If your landlord sells the house you are renting in Florida, you may have to move if the new owner does not want to continue renting to you. You should be given reasonable notice to vacate the premises, typically 30 days. If you have a lease, check to see if it has a clause that states what will happen in the event of a sale. If not, you may be able to negotiate with the new owner to stay in the home.

Take note that you are protected under Florida law from being evicted simply because your landlord sells the property. However, if the new owner plans to live in the house themselves or use it for another purpose, they are within their rights to evict you. Be sure to talk to an attorney if you have any questions about your rights as a tenant in Florida.

Related Articles:

• Month-to-Month Lease Laws in Florida
• Is a Month-to-Month Lease Better for Landlords?
• Florida Notice Requirements to Terminate a Month-to-Month Tenancy