Are you interested in the details on the Florida month-to-month rental agreement? Are you looking for the specific regulations that state imposes for this agreement? Do you want to know what the notice requirements for landlords and tenants are? Keep reading to know the answers.
What Does a Florida Month to Month Rental Agreement Include?
- Landlord Property Maintenance Responsibility
- Legal Notice and Security Deposit
- Notice Requirements For Landlord and Tenants
What Is a Florida Month-to-Month Rental Agreement?
A Florida month-to-month rental agreement is a deal signed between a tenant and a landlord. The landlord allows the tenant to rent their property or a portion of it in exchange for money. This rent payment is due every month with this agreement.
The Florida month-to-month rental agreement comprises the decided rent, address of the property, and decided terms and conditions. It is obligatory for both the landlord and the tenant to comply with the lease contract.
However, the month-to-month rental agreement provides both parties with the flexibility to terminate the agreement whenever they want. Also, if not termination, the parties can change the terms of agreement with a notice.
The time which the law of Florida allows the landlord or tenant to give either is at least 15 days. Unlike the other states, Florida has the duration the same for both the landlords and the tenants.
The month-to-month agreement remains beneficial for both the landlords and the tenants for the flexibility this agreement brings. The landlords can demand an increase in rent or changes in terms with a single notice. They don’t have to wait for the lease term to end for making a raise in the rent.
If the landlord finds someone willing to rent the property at a higher rate, they can lend it to them. For tenants, the month-to-month agreement is beneficial since they can leave the property whenever they want without any restrictions. This remains more favorable to those tenants who look for a temporary stay unit.
What Are the Specific Regulations for Florida Month-to-Month Rental Agreements?
There are some specific regulations imposed by the state of Florida on the month-to-month rental agreements. These regulations include:
Landlord’s responsibility to maintain the property
The state law of Florida imposes different responsibilities on the landlord for the kind of building they own. If the landlord owns an apartment, it is compulsory for him to provide for the following things:
- Locks and keys
- Exterminating mice, rats, ants, roaches, and bedbugs
- Garbage removal
- Clean conditions of common areas
- Properly functioning facilities like running water
These are mandatory in addition to the health codes and housing codes. On the other hand, for the owners of duplexes, the following additional responsibilities exist:
- Providing for the good repair of the premises
- A proper system of plumbing and maintenance
- Good condition of screens installed
- Providing for smoke detection devices, unless stated otherwise in the agreement
The state law of Florida allows the landlord to terminate an agreement or change the terms through a legal notice. However, a landlord must provide a tenant a minimum of 15 days to move out of the property.
In other situations where a tenant violates the agreement or doesn’t pay rent, the landlord can demand immediate eviction. Under the state law, a tenant is given a 3 days’ notice for the non-payment of rent.
For the tenants who wish to vacate the property, the law provides a 7 days’ notice to give to the landlord. This notice is required to be sent at the address of the landlord through a reliable source to ensure delivery.
Although the state law of Florida does not specify the amount that should be taken as a security deposit. However, it is generally taken to be equal to two months’ rent. Upon receiving the security deposit, it is mandatory for the landlord to produce a written notice confirming the receipt.
If the landlord stores the security deposit in an account that bears interest, they must return the earned interest. A landlord has 15 days to return the security deposit to the tenant upon the termination of the lease. The returned amount must include any interest gained on the deposit amount.
However, if the landlord intends to make a deduction from the security deposit, he must provide the tenant with notice. The law allows the landlord a 30 days duration to provide this notice. The notice must include the reasons for making the deductions.
Generally, a landlord intends to claim on the deposit if the tenant causes any damage to the property. A landlord can also claim for deductions if the tenant fails to pay rent.
Month-to-Month Leases Vs. Fixed-Term Leases in Florida
Differences exist between the month-to-month leases and the fixed term leases for rental agreements. Each has its own pros and cons. The differences between the two types of leases are mentioned next:
- The Florida month-to-month lease provides the flexibility to adjust the terms whenever one wants. A landlord can demand changes in the terms of the agreement through a single notice. This may be a raise in rent, or change in policies related to pets, smoking, or subletting of the unit.
- The month-to-month lease does not impose any penalty on either of the parties for terminating the lease. However, with the traditional leases, one has to face a penalty for terminating it before its due course.
- The month-to-month lease agreement renews itself every month. However, with the traditional fixed-term lease, one has to sign renewal periodically.
- Many of the laws for fixed-term leases apply on the month-to-month lease agreement too. This ensures that the landlord and the tenant abide by the law with additional flexibility. This makes the month-to-month leases outscore the traditional leases.
Notice Requirements for Florida Landlords and Tenants
There are certain requirements from the state of Florida that must be met by the landlord and the tenants when issuing a notice to either. These include:
The law doesn’t impose on the landlord to explain the reason for issuing the notice. However, it should not be based on discrimination or retaliation. The state law allows the landlord to give the tenant 15 days to move out after the issuance of the notice.
In case of property damage and non-payment of rent, a landlord can legally provide less notice. This can also be done upon violation of rental agreement terms by the tenant.
The state law of Florida allows the tenant to move out by providing a notice of 15 days to the landlord. However, a tenant must check the agreement to see if it specifies any date for issuing the notice. This can be the first of the month or any other specific date.
Moreover, a tenant may provide lesser notice if the landlord violates the agreement or doesn’t get the necessary maintenance done.
The Florida month-to-month rental agreement addresses issues for the monthly renting of a building. Moreover, this kind of agreement has its benefits and legal requirements.
CocoSign offers templates for the Florida month-to-month rental agreement. Additionally, we have a number of templates to offer its users which you can access from our website.