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Florida month-to-month lease agreement
Written for Florida law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Florida rules that apply
- Rent increase notice
- None set
- Part II sets no notice period, and local rent control is banned
- Fla. Stat. ch. 83, part IIFla. Stat. § 125.0103(2)
Ending a month-to-month tenancy
Either side ends a month-to-month tenancy with written notice given at least 30 days before the end of a monthly rental period. A week-to-week tenancy takes 7 days, quarter-to-quarter 30 days and year-to-year 60 days before the end of the period.
More detail (3)
- A lease with no stated duration runs by the rent period: monthly rent makes it month to month. Fla. Stat. § 83.46(2)
- Deliver the notice the same ways as the 3-day and 7-day notices. Fla. Stat. § 83.57 Fla. Stat. § 83.56(4)
- A tenant who stays after the lease ends with your permission and does not give the month-to-month notice owes an extra month's rent. A tenant who stays without permission can be evicted and owes double rent for the holdover period. Fla. Stat. § 83.575(3) Fla. Stat. § 83.58
The Florida lease says either party may end a month-to-month tenancy on at least 30 days' written notice before the end of a monthly period.
Rent increase notice
Not set by statutePart II sets no notice period and no cap for a rent increase. During a fixed term, rent is what the lease says. A month-to-month tenancy can be ended by either side on 30 days' notice before the end of a monthly period.
More detail (4)
- Local governments may not adopt or keep any rule that controls rents. Fla. Stat. § 125.0103(2) Fla. Stat. § 166.043(2) See Rent control and local rules on the Florida page
- Raising rent discriminatorily, primarily to retaliate against a tenant, is unlawful. Fla. Stat. § 83.64(1) See Retaliation on the Florida page
- The month-to-month notice runs to the end of a monthly period. Fla. Stat. § 83.57(3) See Ending a month-to-month tenancy on the Florida page
- Make a proposed change easy to understand: state the current rent, new rent, dollar difference, proposed effective date and the rental period it covers. For example, moving from $1,500 to $1,650 adds $150, or 10 percent. That calculation describes the proposal; it is not a legal cap or proof that the change is permitted by the lease. Fla. Stat. ch. 83, part II