Florida Month-to-Month Rental Agreement

FLORIDA MONTH-TO-MONTH RENTAL AGREEMENT

Before you use this: Fill every blank, identify the Florida deposit bank, and attach any applicable federal, local, property, or program disclosures. This form selects a non-interest-bearing Florida deposit account.

This Agreement is made on [__/__/____] between Landlord [LEGAL NAME] and Tenant(s) [LEGAL NAMES]. Landlord rents to Tenant the dwelling at [STREET, UNIT, CITY, COUNTY, FL ZIP], including [PARKING/STORAGE/OTHER AREAS].

1. Monthly term and rent

The tenancy begins [__/__/____] and continues month to month until ended under Section 7. Each monthly rental period begins on day [____] of a month and ends on day [____] of the following month. Monthly rent is $[____], due on [____] at [PAYMENT ADDRESS OR METHOD]. Landlord pays these utilities: [____]. Tenant pays these utilities: [____].

If rent is more than [____] days late, Tenant owes a late charge of $[____] for that monthly payment. This is the amount the parties choose in this Agreement, subject to applicable law. Other recurring charges, if any: [DESCRIPTION AND AMOUNT / NONE].

2. Security deposit

Tenant pays a refundable security deposit of $[____]. The parties have selected this amount; Fla. Stat. § 83.49 governs its handling and does not state a statewide numeric cap. Landlord will hold it in a separate non-interest-bearing account for Tenant's benefit at this Florida financial institution: [BANK NAME], [BANK ADDRESS]. Landlord will not commingle or use the deposit before it becomes due to Landlord.

If Landlord makes no claim, Landlord will return the deposit within 15 days after termination. If Landlord intends a claim, Landlord will send the statutory notice stating the amount and reason within 30 days after termination by certified mail to Tenant's last known mailing address or by e-mail only under a separate valid electronic-notice addendum. Tenant has 15 days after receiving that notice to object in writing. If Tenant does not timely object, Landlord will remit any balance within 30 days after the date of the claim notice. These procedures are subject to Fla. Stat. § 83.49, including its notice and dispute rules.

Tenant's forwarding mailing address for deposit notices: [ADDRESS / TO BE PROVIDED BEFORE MOVE-OUT]. If Tenant intends to vacate, Tenant will give Landlord a written address where Tenant may be reached at least seven days before vacating, by certified mail or personal delivery, unless this Agreement's earlier termination notice already supplies it.

3. Occupancy, care, and services

The dwelling is for residential use by Tenant and these other occupants: [NAMES]. Pets: [TERMS / NONE]. Landlord will maintain the premises as required by Fla. Stat. § 83.51. Tenant will keep the dwelling reasonably clean, report needed repairs, and avoid damage beyond ordinary wear. Any signed move-in condition record is Exhibit A.

4. Landlord entry

Tenant will not unreasonably withhold consent for the purposes listed in Fla. Stat. § 83.53(1). For ordinary repairs, Landlord will give at least 24 hours' notice and enter between 7:30 a.m. and 8:00 p.m. Landlord may enter at any time to protect or preserve the premises and may enter under the other circumstances allowed by § 83.53(2), including an emergency. Landlord will not use access to harass Tenant.

5. Landlord address and disclosures

The landlord or person authorized to receive notices and demands for Landlord is [NAME], at [MAILING ADDRESS]. Landlord will notify Tenant in writing of a change.

Deposit disclosure (Fla. Stat. § 83.49(2)). The deposit amount is $[____]; the depository is [BANK NAME AND ADDRESS] above; the account is non-interest-bearing and Tenant receives no deposit interest under this selected holding method. Landlord gives this disclosure in this Agreement. If the holding method or location changes, Landlord will give the notice required by § 83.49(2).

YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST PROVIDE YOU WRITTEN NOTICE IN PERSON, BY MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA STATUTES, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S WRITTEN NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY PROVIDE YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

Radon notification (Fla. Stat. § 404.056(5)). RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

Other applicable disclosures and addenda delivered: [____ / NONE].

6. Notices

Landlord notice address: [ADDRESS]. Tenant notice address: [DWELLING ADDRESS OR OTHER MAILING ADDRESS]. A required written notice will be delivered by a method allowed by Florida law. A party may use e-mail for a required notice only if both parties separately sign a compliant voluntary electronic-delivery addendum under Fla. Stat. § 83.505. The sender will retain proof of delivery.

7. Termination and surrender

Either party may terminate this month-to-month tenancy by written notice at least 30 days before the end of a monthly rental period. To meet the deposit statute's vacating-notice rule as well, Tenant will deliver Tenant's termination notice personally or by certified mail and include the address where Tenant may be reached. Landlord may deliver its notice by a method permitted by Fla. Stat. § 83.56(4), as incorporated by § 83.57.

At termination, Tenant will surrender the dwelling, return keys, remove personal property, and give Landlord a written forwarding address. Changes to this Agreement must be in a writing signed by both parties. Florida law governs.

Signatures

Landlord: [SIGNATURE] Printed name/title: [____] Date: [__/__/____]

Tenant: [SIGNATURE] Printed name: [____] Date: [__/__/____]

Tenant: [SIGNATURE] Printed name: [____] Date: [__/__/____]

Exhibit A, move-in condition record: [ATTACHED / NOT ATTACHED]