Florida Month-to-Month Lease Agreement

THIS LEASE AGREEMENT (hereinafter referred to as the “Agreement”)

made and entered into this ____________ day of
____________________________, 20____, by and between
__________________________________________________________, whose
address is
______________________________________________________________
(hereinafter referred to as “Landlord”) and
________________________________________________________________
__________ (hereinafter referred to as “Tenant”).

WITNESSETH:

WHEREAS, Landlord is the fee owner of certain real property being, lying and
situated in _______________________ County, Florida, such real property
having a street address of
________________________________________________________________
(hereinafter referred to as the “Premises”).

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms
and conditions as contained herein; and

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms
and conditions as contained herein;

NOW, THEREFORE, for and in consideration of the covenants and

obligations contained herein and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:

• Rental Payment Schedule. Under the terms of this Agreement, “Rent” shall
consist of all monetary obligations owed to Landlord by Tenant in accordance
with this Agreement. However, the Damage Deposit shall not be considered
Rent. Tenant shall pay to Landlord
________________________________________________________________
___________ DOLLARS ($______________) per month as Rent for the Term of
the Agreement. Due date for Rent payment shall be the 1st day of each calendar
month and shall be considered advance payment for that month. If not remitted
on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of
each calendar month. In the event that the Commencement Date is not the 1st
of the calendar month, rent payment remitted on the Commencement Date shall
be prorated based on a 30-day period.

Acceptable forms of payment of Rent to Landlord shall be [check all that apply]:
____ personal check, ____ money order, ____ cashier’s check, or ____ other:
________________________________________. Payment shall be made to
Landlord under the following name and address:
________________________________________________________________
___________
________________________________________________________________
________________________________________________________________
 ______________________.

In the event that any payment by Tenant is returned for insufficient funds (“NSF”)
or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent
in cash for three months, and that all future Rent payments shall be remitted by
Tenant to Landlord by money order or cashier’s check.

• Lease Term. This Agreement shall continue as a lease for term. The termination
date shall be on (date) ___________________ at 11:59 PM. Upon termination
date, Tenant shall be required to vacate the Premises unless one of the following
circumstances occur: (i) Landlord and Tenant formally extend this Agreement in
writing or create and execute a new, written, and signed agreement; (ii) local rent
control law mandates extension of the tenancy; or (iii) Landlord willingly accepts
new Rent from Tenant, which does not constitute past due Rent. In the event
that Landlord accepts from Tenant new rent, a month-to-month tenancy shall be
created. Either party may terminate this month-to-month tenancy by following
the procedures specified in paragraph IA. Rent shall continue at the rate
specified in this Agreement, or as allowed by law. All other terms and conditions
as outlined in this Agreement shall remain in full force and effect.

• Security Deposit. Upon the due execution of this Agreement, Tenant shall
deposit with Landlord the sum of
________________________________________________________________
________ DOLLARS ($__________________) receipt of which is hereby
acknowledged by Landlord, as security for any damage caused to the Premises
during the term hereof. Such deposit shall be returned to Tenant, without
interest, and less any set off for damages to the Premises upon the termination
of this Agreement.

Landlord will hold Tenant’s security deposit in an account in the following Florida
banking institution: ____________________
_____________________________________________________. Landlord will
not commingle the security deposit funds with those funds in the Landlord’s
primary bank account. Rather, Landlord will maintain the security deposit funds in
a separate non-interest bearing account for the benefit of the Tenant. Accordingly,
Tenant will NOT receive any interest on the security deposit.

In accordance with Florida law (Florida Statute Section 83.49), Landlord is

required to include in Tenant’s lease the following provisions regarding return of
security deposits. Florida Statute Section 83.49(3):

(a) Upon the vacating of the premises for termination of the lease, if the landlord
does not intend to impose a claim on the security deposit, the landlord shall have
15 days to return the security deposit together with interest if otherwise required,
or the landlord shall have 30 days to give the tenant written notice by certified
mail to the tenant’s last know mailing address of his or her intention to impose a
claim on the deposit and the reason for imposing the claim. The notice shall
contain a statement in substantially the following form: This is a notice of my
intention to impose a claim for damages in the amount of $_____________ upon
Tenant’s security deposit, due to
_________________________________________. It is sent to you as required
by s.83.49(3), Florida Statutes. You are hereby notified that you must object in
writing to this deduction from your security deposit within 15 days from the time
 you receive this notice or I will be authorized to deduct my claim from your
security deposit. Tenant’s objection must be sent to (landlord’s address). If the
landlord fails to give the required notice within the 30-day period, he or she
forfeits the right to impose a claim upon the security deposit.

(b) Unless the tenant objects to the imposition of the landlord’s claim or the
amount thereof within 15 days after receipt of the landlord’s notice of intention to
impose a claim, the landlord may then deduct the amount of his or her claim and
shall remit the balance of the deposit to the tenant within 30 days after the date
of the notice of intention to impose a claim for damages.

(c) If either party institutes an action in a court of competent jurisdiction to

adjudicate the party’s right to the security deposit, the prevailing party is entitled
to receive his or her court costs plus a reasonable fee for his or her attorney. The
court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to

conduct business in this state, including Florida-licensed real estate brokers and
sales associates, shall constitute compliance with all other relevant Florida
Statutes pertaining to security deposits held pursuant to a rental agreement or
other landlord-tenant relationship. Enforcement personnel shall look solely to this
section to determine compliance. This section prevails over any conflicting
provisions in chapter 475 an in other sections of the Florida Statutes, and shall
operate to permit licensed real estate brokers to disburse security deposits and
deposit money without having to comply with the notice and settlement
procedures contained in s.475.25(1)(d).

• Use of Premises. The Premises shall be used and occupied by Tenant and
Tenant’s immediate family, consisting of
________________________________________________________________
___________________, exclusively, as a private single family dwelling, and no
part of the Premises shall be used at any time during the term of this Agreement
by Tenant for the purpose of carrying on any business, profession, or trade of any
kind, or for any purpose other than as a private single family dwelling. Tenant
shall not allow any other person, other than Tenant’s immediate family or
transient relatives and friends who are guests of Tenant, to use or occupy the
Premises without first obtaining Landlord’s written consent to such use. Tenant
shall comply with any and all laws, ordinances, rules and orders of any and all
governmental or quasi-governmental authorities affecting the cleanliness, use,
occupancy and preservation of the Premises.

• Condition of Premises. Tenant stipulates, represents and warrants that Tenant

has examined the Premises, and that they are at the time of this Lease in good
order, repair, and in a safe, clean and tenantable condition.

• Assignment and Sub-Letting. Tenant shall not assign this Agreement, or sub-
let or grant any license to use the Premises or any part thereof without the prior
written consent of Landlord. A consent by Landlord to one such assignment,
sub-letting or license shall not be deemed to be a consent to any subsequent
assignment, sub-letting or license. An assignment, sub-letting or license without
the prior written consent of Landlord or an assignment or sub-letting by operation
of law shall be absolutely null and void and shall, at Landlord’s option, terminate
this Agreement.
• Alterations and Improvements. Tenant shall make no alterations to the
buildings or improvements on the Premises or construct any building or make
any other improvements on the Premises without the prior written consent of
Landlord. Any and all alterations, changes, and/or improvements built,
constructed or placed on the Premises by Tenant shall, unless otherwise
provided by written agreement between Landlord and Tenant, be and become
the property of Landlord and remain on the Premises at the expiration or earlier
termination of this Agreement.

• Non-Delivery of Possession. In the event Landlord cannot deliver possession

of the Premises to Tenant upon the commencement of the Lease term, through
no fault of Landlord or its agents, then Landlord or its agents shall have no
liability, but the rental herein provided shall abate until possession is given.
Landlord or its agents shall have thirty (30) days in which to give possession, and
if possession is tendered within such time, Tenant agrees to accept the demised
Premises and pay the rental herein provided from that date. In the event
possession cannot be delivered within such time, through no fault of Landlord or
its agents, then this Agreement and all rights hereunder shall terminate.

• Hazardous Materials. Tenant shall not keep on the Premises any item of a
dangerous, flammable or explosive character that might unreasonably increase
the danger of fire or explosion on the Premises or that might be considered
hazardous or extra hazardous by any responsible insurance company.

• Utilities. Tenant shall be responsible for arranging for and paying for all utility
services required on the Premises.

• Maintenance and Repair; Rules. Tenant will, at its sole expense, keep and
maintain the Premises and appurtenances in good and sanitary condition and
repair during the term of this Agreement and any renewal thereof. Without
limiting the generality of the foregoing, Tenant shall:
• Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls,
which shall be used for the purposes of ingress and egress only;
• Keep all windows, glass, window coverings, doors, locks and hardware in
good, clean order and repair;
• Not obstruct or cover the windows or doors;
• Not leave windows or doors in an open position during any inclement
weather;
• Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or
balcony nor air or dry any of same within any yard area or space;
• Not cause or permit any locks or hooks to be placed upon any door or window
without the prior written consent of Landlord;
• Keep all air conditioning filters clean and free from dirt;
• Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus
in good order and repair and shall use same only for the purposes for which
they were constructed. Tenant shall not allow any sweepings, rubbish, sand,
rags, ashes or other substances to be thrown or deposited therein. Any
damage to any such apparatus and the cost of clearing stopped plumbing
resulting from misuse shall be borne by Tenant;
• And Tenant’s family and guests shall at all times maintain order in the
Premises and at all places on the Premises, and shall not make or permit any
loud or improper noises, or otherwise disturb other residents;
• Keep all radios, television sets, stereos, phonographs, etc., turned down to a
level of sound that does not annoy or interfere with other residents;
 • Deposit all trash, garbage, rubbish or refuse in the locations provided and
shall not allow any trash, garbage, rubbish or refuse to be deposited or
permitted to stand on the exterior of any building or within the common
elements;
• Abide by and be bound by any and all rules and regulations affecting the
Premises or the common area appurtenant thereto which may be adopted or
promulgated by the Condominium or Homeowners’ Association having control
over them.

• Insurance. Landlord, Landlord’s agent or manager, or, if applicable, the

Condominium or Homeowners’ Association, are not responsible for insuring
Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against
loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts
of others, or any other cause. Landlord has advised Tenant to carry Tenant’s
own insurance (renter’s insurance) to protect Tenant from any such loss or
damage. The parties agree that, upon notification by Landlord, Tenant shall take
all actions necessary to avoid: (i) an increase in Landlord’s insurance premium
(or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

• Damage to Premises. In the event the Premises are destroyed or rendered

wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by
the negligence of Tenant, this Agreement shall terminate from such time except
for the purpose of enforcing rights that may have then accrued hereunder. The
rental provided for herein shall then be accounted for by and between Landlord
and Tenant up to the time of such injury or destruction of the Premises, Tenant
paying rentals up to such date and Landlord refunding rentals collected beyond
such date. Should a portion of the Premises thereby be rendered uninhabitable,
the Landlord shall have the option of either repairing such injured or damaged
portion or terminating this Lease. In the event that Landlord exercises its right to
repair such uninhabitable portion, the rental shall abate in the proportion that the
injured parts bears to the whole Premises, and such part so injured shall be
restored by Landlord as speedily as practicable, after which the full rent shall
recommence and the Agreement continue according to its terms.

• Inspection of Premises. Landlord and Landlord’s agents shall have the right at
all reasonable times during the term of this Agreement and any renewal thereof
to enter the Premises for the purpose of inspecting the Premises and all buildings
and improvements thereon. And for the purposes of making any repairs,
additions or alterations as may be deemed appropriate by Landlord for the
preservation of the Premises or the building. Landlord and its agents shall
further have the right to exhibit the Premises and to display the usual “for sale”,
“for rent” or “vacancy” signs on the Premises at any time within forty-five (45)
days before the expiration of this Lease. The right of entry shall likewise exist
for the purpose of removing placards, signs, fixtures, alterations, or additions that
do not conform to this Agreement or to any restrictions, rules or regulations
affecting the Premises.

• Subordination of Lease. This Agreement and Tenant’s interest are and shall be
subordinate, junior and inferior to any and all mortgages, liens or encumbrances
now or hereafter placed on the Premises by Landlord, all advances made under
any such mortgages, liens or encumbrances (including, but not limited to, future
advances), the interest payable on such mortgages, liens or encumbrances and
any and all renewals, extensions or modifications of such mortgages, liens or
encumbrances.
• Tenant’s Hold Over. If Tenant remains in possession of the Premises with the
consent of Landlord after the natural expiration of this Agreement, a new tenancy
from month-to-month shall be created between Landlord and Tenant which shall
be subject to all of the terms and conditions hereof except that rent shall then be
due and owing at ___________________________
______________________________________________________ DOLLARS
($______________) per month and except that such tenancy shall be terminable
upon thirty (30) days written notice served by either party.

• Surrender of Premises. Upon the expiration of the term hereof, Tenant shall
surrender the Premises in as good a state and condition as they were at the
commencement of this Agreement, reasonable use and wear and tear thereof
and damages by the elements excepted.

• Animals. Tenant shall be entitled to keep no more than ____________ (_____)

domestic dogs, cats or birds; however, at such time as Tenant shall actually keep
any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of
________________________________________________________________
_____________ DOLLARS ($______________),
________________________________________________________________
___________ DOLLARS ($______________) of which shall be non-refundable
and shall be used upon the termination or expiration of this Agreement for the
purposes of cleaning the carpets of the building.

• Quiet Enjoyment. Tenant, upon payment of all of the sums referred to herein as
being payable by Tenant and Tenant’s performance of all Tenant’s agreements
contained herein and Tenant’s observance of all rules and regulations, shall and
may peacefully and quietly have, hold and enjoy said Premises for the term
hereof.

• Indemnification. LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR

INJURY OF OR TO THE TENANT, TENANT’S FAMILY, GUESTS, INVITEES,
AGENTS OR EMPLOYEES OR TO ANY OTHER PERSON ENTERING THE
PREMISES OR ANY BUILDING THAT IS A PART OR LIES UPON THE
PREMISES, OR TO GOODS OR EQUIPMENT, OR IN THE STRUCTURE OR
EQUIPMENT OF THE STRUCTURE OF WHICH THE PREMISES ARE A PART,
AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD
LANDLORD HARMLESS FROM ANY AND ALL CLAIMS OR ASSERTIONS OF
EVERY KIND AND NATURE. THIS INDEMNIFICATION INCLUDES, BUT IS
NOT LIMITED TO, ANY DAMAGE OR INJURY WHICH MAY BE INCURRED BY
TENANT, TENANT’S FAMILY, GUESTS, INVITEES, AGENTS OR EMPLOYEES
OR TO ANY OTHER PERSON FOR DAMAGE OR INJURIES THAT ARISE
FROM ANY CONTACT, ATTACK OR INTERACTION FROM OR WITH ANY
ANIMALS, DOMESTIC OR WILD, WHETHER SUCH DAMAGE OR INJURY
OCCURS ON THE PREMISES OR OFF, AND TENANT HOLDS HARMLESS
THE LANDLORD FROM ANY AND ALL CLAIMS OR ASSERTIONS OF EVERY
KIND AND NATURE FOR ANY DAMAGE OR INJURY TENANT ATTRIBUTES
TO ANY ABSENCE OR FAILURE OF FENCING THAT MAY BE ON OR
SURROUNDING THE PREMISES.

• Default. If Landlord determines that the Tenant is in default of this Agreement,

Landlord shall provide Tenant with a notice of default, and Tenant shall have a
limited number of days to cure the default unless otherwise excepted: (a) for the
 failure to pay rent when due, Tenant shall have three (3) days to cure; (b) for
activities in contravention of this Agreement (including but not limited to having or
permitting unauthorized pets, guests, or vehicles; parking in an unauthorized
manner or permitting such parking; or failing to keep the premises clean and
sanitary), the Tenant shall have seven (7) days to cure. If Tenant fails to cure the
default within the required time frame, Landlord may immediately terminate this
Agreement, and Tenant shall immediately vacate the Premises and shall return
the keys to Landlord. However, if Tenant’s default is of a nature that Tenant
should not be given an opportunity to cure the default (including but not limited to
destruction, damage, or misuse of Landlord's or other tenants' property by
intentional act or a subsequent or continued unreasonable disturbance), or if the
default constitutes a subsequent or continuing default within twelve (12) months
of a written warning by Landlord of a similar violation, Landlord may deliver a
written notice to Tenant specifying the default and Landlord's intent to terminate
this Agreement. In such event, Landlord may terminate this Agreement, and
Tenant shall have seven (7) days from the date that the notice is delivered to
vacate the premises. In addition, if this Agreement is terminated pursuant to this
paragraph, Landlord may, at Landlord's option, declare the entire balance of rent
payable hereunder to be immediately due and payable and may exercise any
and all rights and remedies available to Landlord at law or in equity.

• Late Charge. In the event that any payment required to be paid by Tenant
hereunder is not made within three (3) days of when due, Tenant shall pay to
Landlord, in addition to such payment or other charges due hereunder, a “late
fee” in the amount of
________________________________________________________________
___________ DOLLARS ($______________).

• Abandonment. If at any time during the term of this Agreement Tenant

abandons the Premises or any part thereof, Landlord may, at Landlord’s option,
obtain possession of the Premises in the manner provided by law, and without
becoming liable to Tenant for damages or for any payment of any kind whatever.
Landlord may, at Landlord’s discretion, as agent for Tenant, relet the Premises, or
any part thereof, for the whole or any part thereof, for the whole or any part of the
then unexpired term, and may receive and collect all rent payable by virtue of
such reletting, and, at Landlord’s option, hold Tenant liable for any difference
between the rent that would have been payable under this Agreement during the
balance of the unexpired term, if this Agreement had continued in force, and the
net rent for such period realized by Landlord by means of such reletting. If
Landlord’s right of reentry is exercised following abandonment of the Premises
by Tenant, then Landlord shall consider any personal property belonging to
Tenant and left on the Premises to also have been abandoned, in which case
Landlord may dispose of all such personal property in any manner Landlord shall
deem proper and Landlord is hereby relieved of all liability for doing so. BY
SIGNING THIS AGREEMENT, TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES,
LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.

• Attorneys’ Fees. Should it become necessary for Landlord to employ an

attorney to enforce any of the conditions or covenants hereof, including the
collection of rentals or gaining possession of the Premises, Tenant agrees to pay
all expenses so incurred, including a reasonable attorneys’ fee.
• Recording of Agreement. Tenant shall not record this Agreement on the Public
Records of any public office. In the event that Tenant shall record this
Agreement, this Agreement shall, at Landlord’s option, terminate immediately
and Landlord shall be entitled to all rights and remedies that it has at law or in
equity.

• Governing Law. This Agreement shall be governed, construed and interpreted

by, through and under the Laws of Florida.

• Severability. If any provision of this Agreement or the application thereof shall,

for any reason and to any extent, be invalid or unenforceable, neither the
remainder of this Agreement nor the application of the provision to other persons,
entities or circumstances shall be affected thereby, but instead shall be enforced
to the maximum extent permitted by law.

• Binding Effect. The covenants, obligations and conditions herein contained

shall be binding on and inure to the benefit of the heirs, legal representatives,
and assigns of the parties hereto.

• Descriptive Headings. The descriptive headings used herein are for

convenience of reference only and they are not intended to have any effect
whatsoever in determining the rights or obligations of the Landlord or Tenant.

• Construction. The pronouns used herein shall include, where appropriate,

either gender or both, singular and plural.

• Non-Waiver. No indulgence, waiver, election or non-election by Landlord under

this Agreement shall affect Tenant’s duties and liabilities hereunder.

• Modification. The parties hereby agree that this document contains the entire
agreement between the parties and this Agreement shall not be modified,
changed, altered or amended in any way except through a written amendment
signed by all of the parties hereto.

• Waiver of Jury Trial. LANDLORD AND TENANT HAVE SPECIFICALLY

WAIVED THE RIGHT TO A JURY TRIAL CONCERNING ANY DISPUTES
WHICH MAY ARISE CONCERNING THIS AGREEMENT, SPECIFICALLY BUT
NOT LIMITED TO, ANY ISSUES INVOLVING TENANT’S TENANCY.

• Radon Notification. Pursuant to Florida Statute 404.056(8), Tenant is notified:

“RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in the building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon gas 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
Public Health Unit.”

• Notice. Any notice required or permitted under this Lease or under state law
shall be deemed sufficiently given or served if sent by United States certified
mail, return receipt requested, addressed as follows:

If to Landlord to: If to Tenant to:

 ___________________________________
_____________________________________
[Landlord’s Name] [Tenant’s Name]

____________________________________

_____________________________________

____________________________________

_____________________________________
[Landlord’s Address] [Tenant’s Address]

Landlord and Tenant shall each have the right from time to time to change the
place notice is to be given under this paragraph by written notice thereof to the
other party. TENANT HEREBY WAIVES HIS OR HER RIGHT TO NOTICE
PURSUANT TO FLORIDA STATUTE 715.104.

• ADDITIONAL PROVISIONS; DISCLOSURES.

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_.
[Landlord should note above any disclosures about the premises that may be
required under Federal or Florida law, such as known lead-based paint hazards
in the Premises. The Landlord should also disclose any flood hazards.]

Landlord:

LANDLORD (“LANDLORD”):

Sign : _________________________________________ HYPERLINK

"https://esign.com/"____ Date : __________________

Print :_____________________________________________

LANDLORD (“LANDLORD”):
Sign : _____________________________________________ Date :

__________________

Print :_____________________________________________

Tenant:

TENANT (“TENANT”):

Sign : _____________________________________________ Date :

__________________

Print :_____________________________________________
TENANT (“TENANT”):

Sign : _____________________________________________ Date :

__________________

Print :_____________________________________________

TENANT (“TENANT”):

Sign : _____________________________________________ Date :

__________________

Print :_____________________________________________

TENANT (“TENANT”):

Sign : _____________________________________________ Date :

__________________

Print :_____________________________________________