Month-to-Month Tenancy in Florida: Rules, Notices, and Termination

Your tenant's lease expired three months ago. They're still paying. What are you?

You're in a month-to-month tenancy. Florida law treats it as a tenancy "without specific term" — and the rules are different from a fixed lease. Notice periods, rent increases, and termination all follow Florida Statute 83.57. Get the timing wrong and you're either stuck with a tenant you want out or facing a holdover dispute.

The Quick Answer

Month-to-month in Florida means either party can end the tenancy with 30 days' written notice before the end of any monthly period. No cause required. You can raise rent with the same 30-day notice. The catch: your tenant can leave with 30 days' notice too. Flexibility cuts both ways. If you want stability, stick with a fixed-term lease and use month-to-month only when it serves you — like a short bridge between tenants or a trial period before a longer commitment.

Why This Matters in Orlando and Tampa

Central Florida's rental market moves fast. Orlando vacancy runs around 14% metro-wide; Tampa's submarkets vary. Month-to-month gives you an exit ramp if a tenant isn't working out — no need to prove a lease violation. But it also means your best tenant can give you 30 days and leave. Property managers in both markets often use month-to-month for corporate relocations, seasonal workers, or tenants testing a neighborhood before committing. The key is knowing the statute cold so you don't lose a month (or more) to a notice mistake.

What Notice Period Applies?

Florida Statute 83.57 sets the rules for tenancies without a specific duration. The notice period depends on how often rent is paid:

| Tenancy Type | Notice Required |

|--------------|-----------------|

| Week-to-week | 7 days before end of weekly period |

| Month-to-month | 30 days before end of monthly period |

| Quarter-to-quarter | 30 days before end of quarterly period |

| Year-to-year | 60 days before end of annual period |

The 30-day rule for month-to-month replaced the old 15-day requirement in 2023. If you're still using 15 days, you're out of date. The notice must be in writing and delivered by hand, mail, or posting. Count from the day after delivery. If rent is due on the 1st and you hand-deliver notice on March 5, the 30 days run from March 6, and the tenancy ends at the close of the April rental period — so the tenant's last day is April 30.

For fixed-term leases that convert to month-to-month, Florida Statute 83.575 applies. That statute requires 30 to 60 days' notice depending on what the lease says — and the landlord must give written notice within 15 days before the start of that notification period. Check your lease. If it says "60 days' notice to terminate or non-renew," you need 60 days.

How Does a Lease Become Month-to-Month?

Three ways:

1. Explicit agreement. The lease says "month-to-month" from the start.
2. Holdover conversion. The fixed-term lease expires, the tenant stays, and you accept rent. Florida law treats that as a month-to-month tenancy. You've agreed to continue on a periodic basis.
3. No written lease. You're taking rent monthly with no fixed end date. That's month-to-month by default.

The holdover trap: If the tenant stays past the lease end and you *don't* want to convert to month-to-month, you have to act. Don't accept rent without a written renewal or addendum. If you accept rent, you've created a month-to-month tenancy. If you want them out, serve a 30-day notice (or whatever 83.575 requires) and, if they don't leave, file for eviction. Under Florida Statute 83.58, you can also demand double rent for the holdover period — but you have to formally demand it in writing. The double-rent right doesn't kick in automatically.

Can You Refuse Month-to-Month?

Yes. You're not required to offer it. Your Florida lease agreement can say the tenancy ends on the lease expiration date with no automatic conversion. You can require a signed renewal for any extension. If the lease is silent and the tenant holds over, accepting rent creates the conversion. To avoid that, send a non-renewal notice well before the lease ends and make it clear you won't accept rent after the termination date.

Rent Increases During Month-to-Month

You can raise rent with 30 days' written notice before the increase takes effect. Same notice period as termination. Florida has no rent cap — you can raise by any amount — but the notice must be proper. Our rent increase notice guide covers the details: what to include, how to deliver, and how to count the 30 days. One wrinkle: if you're raising rent and the tenant doesn't want to pay, they can give you 30 days' notice and leave. You can't force them to stay at the new rate.

Do You Need a Reason to Terminate?

No. For month-to-month tenancies, Florida allows no-cause termination. You don't have to say why. The tenant doesn't have to say why. Either party can end it with proper notice.

Exceptions: You can't terminate (or refuse to renew) based on race, color, national origin, sex, disability, familial status, or religion. That's Florida's Fair Housing Act, and it applies to month-to-month non-renewals. You also can't terminate in retaliation for a tenant exercising a legal right — like complaining to code enforcement or requesting repairs. If a tenant files a complaint and you serve a 30-day notice the next week, a court may infer retaliation. Document your reasons. "We're selling the property" or "We're converting to a long-term lease" is fine. "Because you complained" isn't.

Security Deposits and Month-to-Month

The same Florida security deposit rules apply. You have 15 days to return the full deposit if you're not claiming deductions, or 30 days to send an itemized claim by certified mail if you're. The deposit doesn't change because the tenancy is month-to-month. Storage requirements (separate account, interest, or surety bond) and the 30-day disclosure to the tenant also apply. Nothing in 83.49 carves out month-to-month tenancies.

How Do You Deliver the Notice?

Florida allows hand delivery, mailing, or posting on the premises. Florida Statute 83.56(4) and the service rules in Part II of Chapter 83 govern. Certified mail with return receipt gives you proof. Hand delivery with a signed acknowledgment works too. Posting plus mailing is valid if the tenant is absent.

Electronic delivery: As of July 1, 2025, Florida Statute 83.505 allows email delivery — but only if both parties have signed a written addendum agreeing to it. Without that addendum, email alone may not satisfy the legal notice requirement. Stick to certified mail or hand delivery unless you've got the addendum in place.

Common Mistakes

Using 15 days instead of 30. The law changed in 2023. Month-to-month termination and rent increases now require 30 days' notice.

Verbal notice. It doesn't count. Put it in writing. Keep a copy. Prove delivery.

Counting from the wrong date. The day you deliver isn't day one. If you hand-deliver on March 1, day one of the 30-day period is March 2.

Ignoring the rent-due date. The 30 days run to the end of a rental period. If rent is due on the 15th, the notice period is tied to that cycle, not the 1st of the month.

Accepting rent after a non-renewal. If you've given notice to terminate and the tenant pays for another month, cashing the check can waive your termination. Either refuse the payment or get a written agreement that acceptance doesn't extend the tenancy.

Forgetting holdover. If the tenant stays past the notice period, you can't change the locks. You have to file for eviction. See our early lease termination guide for the distinction between ending a tenancy and removing a holdover.

When to Get Help

Get a lawyer if:

• The tenant claims retaliation or discrimination
• You're not sure whether the tenancy converted to month-to-month or remained a holdover
• The tenant won't leave after the notice period and you need to file eviction
• You're dealing with a security deposit dispute and the 15/30-day deadlines are tight

A property manager can handle routine month-to-month terminations, notice delivery, and rent increases. For contested terminations or litigation, an attorney is the right call.

The Bottom Line

Month-to-month in Florida is flexible for both sides. Thirty days' notice to terminate or raise rent. No cause required. But that flexibility means your tenant can leave with 30 days too. Use it when it serves you — short-term arrangements, trial periods, or when you want an exit ramp. For stability and predictable income, a fixed-term lease is usually better. Get the notice right, document everything, and don't skip the written addendum if you're using electronic delivery.

If you're weighing month-to-month vs. fixed-term for your Orlando or Tampa property, get a free rental analysis. We'll help you think through the tradeoffs for your specific situation.

Converting From Fixed-Term

When a lease expires and you don't sign a new one, it becomes month-to-month by default in Florida. The terms of the original lease still apply.

To terminate, you need 15 days' notice for month-to-month (or 60 days if they've been there a year). To raise rent, 60 days.