Month-to-Month Tenancy in Florida: Rules, Notices, and Termination
Month-to-month in Florida means flexibility — for both sides. Here's the notice rules, rent increase timing, and when it's smart (or risky) for landlords.
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.
Most owners we hear from didn't plan to be month-to-month landlords. The lease ran out, the tenant kept paying, and now there's no end date. If that's you — one property, no fixed lease, and a notice question you need answered tonight — this guide is written for you.
How much notice do you need to end a month-to-month tenancy in Florida?
You need at least 30 days' written notice before the end of a monthly rental period to terminate a month-to-month tenancy in Florida — by either the landlord or the tenant. No reason is required. The same 30-day notice applies to a rent increase. This is set by Florida Statute 83.57, and it applies statewide — Orlando, Tampa, and every county in between.
Here's the part that trips people up: the rule used to be 15 days. Florida changed it to 30 days in 2023 (chapter 2023-314, which amended 83.57). A lot of older lease templates, online forms, and even other websites still say "15 days" for month-to-month. They're wrong. If you serve a 15-day notice today, it doesn't meet the statute — and a tenant who knows the law can ignore it, leaving you to start the clock over and lose a month.
So if you came here searching "Florida 15-day notice for month-to-month," the honest answer is: that's the old number. The current requirement is 30 days.
What notice period applies to each tenancy type?
Florida Statute 83.57 sets a different notice period depending on how often rent is paid. For a tenancy without a fixed end date, the notice runs to the end of the rental period — not just any 30 days you pick. Here's the full table:
| Tenancy Type | Written Notice Required |
|---|---|
| Week-to-week | At least 7 days before the end of a weekly period |
| Month-to-month | At least 30 days before the end of a monthly period |
| Quarter-to-quarter | At least 30 days before the end of a quarterly period |
| Year-to-year | At least 60 days before the end of an annual period |
Counting matters. The day you deliver the notice isn't day one. If rent is due on the 1st and you hand-deliver notice on March 5, the 30 days run from March 6 — which means you can't end the tenancy at the close of March. The notice carries to the end of the April rental period, so the tenant's last day is April 30. Mailing the notice instead of hand-delivering it adds five days for delivery, so build that in.
For a fixed-term lease that's converting to month-to-month, a second statute can apply. Florida Statute 83.575 covers leases that contain a non-renewal notice provision: that provision can require between 30 and 60 days' notice, and the landlord must give the written non-renewal notice within 15 days before the start of that notification period. Read your lease. If it says "60 days' notice to terminate or non-renew," 60 days is what you owe — 83.575 lets the lease set a longer period than the 83.57 default.
How does a lease become month-to-month in Florida?
A Florida lease becomes month-to-month in one of three ways: the lease says so from the start, the fixed-term lease expires and the landlord keeps accepting rent (a holdover conversion), or there's no written lease and rent is simply paid each month. In every case, the 83.57 notice rules then apply.
The three paths in detail:
- Explicit agreement. The lease says "month-to-month" from the start.
- 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. The terms of the original lease still carry over.
- 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 a month-to-month tenancy, you have to act. Don't accept rent without a written renewal or addendum — once you cash that check, you've created the month-to-month. 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 only if you demand it formally in writing. The double-rent right doesn't kick in automatically.
Do you need a reason to terminate a month-to-month tenancy?
No. Florida allows no-cause termination of a month-to-month tenancy. You don't have to give a reason, and neither does the tenant — either party can end it with proper 30-day written notice. That's the trade-off of month-to-month: the flexibility runs both directions.
There are two limits. 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 just as it applies to lease denials. And you can't terminate in retaliation for a tenant exercising a legal right — like complaining to Orange County or Hillsborough County code enforcement, or requesting a repair. If a tenant files a code complaint and you serve a 30-day notice the next week, a judge can infer retaliation under Florida Statute 83.64. Document your real reason. "We're selling the property" or "We're moving back in" is fine. "Because you complained" is not.
Can you raise rent on a month-to-month tenant?
Yes. You can raise the rent on a Florida month-to-month tenant with 30 days' written notice before the increase takes effect — the same notice period as termination. Florida has no rent cap, so there's no legal limit on the amount, but the 30-day notice has to be proper and in writing.
One wrinkle to plan for: if you raise the rent and the tenant doesn't want to pay the new amount, they can give you their own 30 days' notice and leave. You can't force a month-to-month tenant to stay at the new rate. So before you send an increase, decide whether you'd rather keep a paying tenant at the old number or risk a vacancy. Our Florida rent increase notice guide covers exactly what to put in the notice and how to count the days.
How do you deliver a month-to-month termination notice?
Florida lets you deliver the notice three ways: hand delivery, mailing, or posting it on the premises if the tenant is absent. The service rules in Florida Statute 83.56(4) govern delivery for periodic-tenancy notices. Whatever method you use, keep proof.
Practical version: hand delivery with a signed acknowledgment is the cleanest. Certified mail with return receipt also gives you proof, but remember mailing adds five days to the count. Posting works only when the tenant is genuinely absent, and you should mail a copy too.
Electronic delivery: As of July 1, 2025, Florida Statute 83.505 allows email delivery of statutory notices — but only if both parties have signed a written addendum agreeing to it. Without that signed addendum, an email alone may not satisfy the legal notice requirement. If you don't have the addendum in place, stick to certified mail or hand delivery.
What mistakes do Florida landlords make with month-to-month notices?
The most common month-to-month mistake is using 15 days instead of 30 — the law changed in 2023, and short notice is invalid. Other frequent errors: giving verbal notice, miscounting the start date, ignoring the rent-due cycle, and accepting rent after a non-renewal, which can quietly waive the termination.
Each one, and how to avoid it:
Using 15 days instead of 30. The single most common error. The 15-day rule ended in 2023. Month-to-month termination and rent increases now both require 30 days.
Verbal notice. It doesn't count. Put it in writing, keep a copy, and prove delivery.
Counting from the wrong date. The day you deliver isn't day one. Hand-deliver on March 1, and 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 ties 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 that check can waive your termination. Either refuse the payment or get a written agreement that accepting it doesn't extend the tenancy.
Forgetting that holdover means eviction. If the tenant stays past the notice period, you can't change the locks or shut off utilities. You have to file for eviction in county court. Our guide to ending a Florida tenancy early covers the line between ending a tenancy and removing a holdover.
How do security deposits work with a month-to-month tenancy?
The same Florida security deposit rules apply to a month-to-month tenancy as to a fixed lease. After the tenant moves out, you have 15 days to return the full deposit if you're claiming nothing, or 30 days to send an itemized claim by certified mail if you are. Nothing in Florida Statute 83.49 carves out month-to-month tenancies.
The storage requirements don't change either — separate account, the surety-bond option, and the written 30-day deposit disclosure to the tenant all still apply. Miss the 30-day itemized-claim deadline and you forfeit the right to keep any of the deposit, even for real damage. Our Florida security deposit law guide walks through the full timeline and what you can actually deduct.
When should you get help with a month-to-month tenancy?
Get a Florida landlord-tenant attorney involved if the tenant claims retaliation or discrimination, if you're not sure whether the tenancy converted to month-to-month or is a holdover, if the tenant won't leave after the notice period, or if a security deposit dispute is running up against the 15/30-day deadlines. Those situations turn on facts and timing, and a wrong move costs more than the legal fee.
Routine work — serving a clean 30-day notice, delivering it correctly, handling a rent increase — a property manager can take off your plate entirely. For a contested termination or anything headed to court, an attorney is the right call.
The bottom line on month-to-month tenancy in Florida
Month-to-month in Florida is flexible for both sides. Thirty days' written notice to terminate or to raise rent, no cause required — but that same flexibility lets your tenant give 30 days and leave. The rule is 30 days, not the old 15. Count from the day after delivery, run the notice to the end of the rental period, and put everything in writing.
If you've got one rental and you're not sure you want to keep handling notices, rent timing, and the next tenant search yourself, you don't have to. We manage single properties — not just portfolios — and a month-to-month tenancy is exactly the kind of thing we take off an owner's plate. Get a free rental analysis and we'll walk through your specific situation, no pressure.
