The rental market is always changing, and as we move into 2026, it's more important than ever to know how to deal with month-to-month tenancy, lease renewals, and termination rules. If you own property, invest in it, or rent it out, staying up to date can help you avoid misunderstandings, legal problems, and evictions that could have been avoided.
This article will explain everything you need to know about month-to-month leases, notice periods, following state law, and how HUD programs affect rent payments and termination notices.
Key Takeaways
- A month-to-month lease offers flexibility but requires clarity and consistent communication.
- Both the landlord and tenant must follow notice requirements under Florida law.
- Understanding HUD-assisted housing, rent hardship exemptions, and financial rental assistance can help prevent evictions.
- The final rule adopts new procedures for HUD programs in 2026, emphasizing effective communication and fairness.
- A clear, written notice and adherence to your rental agreement are your best tools for avoiding disputes.
Understanding Month-to-Month Tenancy in 2026
A month-to-month lease, also called a tenancy, is a rental agreement that automatically renews every month until either the tenant or landlord decides to end it. It's great for people who need to be able to change their plans, like tenants who are only there for a short time or landlords who want to change the rent in a changing market.
Florida law says that these contracts must clearly state the rent amount, when it is due, and how long notice must be given. In most cases, either party must give the other party at least 30 days' written notice before ending the lease. But the amount of time you have to give notice may change depending on state or local laws.
This structure lets landlords change the rent on their flats or respond to changes in the market quickly, and tenants don't have to make long-term commitments.
The Benefits and Risks of Month-to-Month Leases
The Benefits
- Flexibility: You can adjust rent payments or end the lease without waiting for a year-long term to expire.
- Market Responsiveness: Landlords can align flat rent with market trends, keeping investments profitable.
- Convenience for Tenants: Tenants can relocate quickly when life changes, such as job shifts or new opportunities.
The Drawbacks
- Uncertainty: Either side may end the tenancy with limited notice, leaving landlords with vacancies or tenants scrambling for housing.
- Potential Rent Fluctuations: Since there’s no fixed term, landlords can raise rent (with notice) to reflect current rates.
- Short Planning Horizon: Both the landlord and tenant have to be ready for quick changes in occupancy or finances.
As a best practice, we recommend documenting every rental agreement, keeping clear records of rent owed, and issuing our own notices formally to avoid confusion or potential legal disputes.
Lease Termination and Notice Requirements
When ending a month-to-month tenancy, timing and communication are crucial. Florida law generally requires a 30-day termination notice, though some counties may require more.
A termination notice should:
- Be a written notice stating the exact termination date.
- Include any alleged rent owed or itemized amount if the termination involves unpaid rent.
- Specify whether late fees or arrearages allowed are included.
Landlords should ensure they follow state law as well as the Civil Rights Act and Rehabilitation Act. These laws require effective communication, especially for tenants with limited English proficiency or disabilities. Providing documents in accessible formats is also a best practice that prevents confusion and supports fair housing compliance.
HUD Programs, Assistance, and Compliance in 2026
Project-Based Rental Assistance (PBRA) and Public Housing are two HUD programs that are still very important for helping people find affordable housing in 2026.
The final rule uses new methods to stop evictions of HUD-assisted tenants. For example, public housing agencies (PHAs) must give at least 30 days' notice before ending a lease for nonpayment of rent. Tenants who are having trouble with money may also be able to get rent hardship exemptions or financial rental assistance.
Some highlights from the final rule:
- Rent hardship exemption: Tenants experiencing financial distress can request temporary relief from eviction proceedings.
- Rental repayment agreement: Instead of eviction, a tenant can agree to repay the alleged rent owed over time.
- Income-based rent: Rent is recalculated based on income, ensuring that the tenant pays an amount they can reasonably afford.
- Preventable evictions filed: PHAs and landlords are encouraged to resolve disputes early to prevent evictions before a formal judicial eviction is necessary.
When a tenant demonstrates hardship, landlords must not pursue eviction immediately, especially if the issue arises from a national emergency, presidential declaration, or other HUD guidance.
Handling Rent Payment Challenges
Financial struggles are common in rental housing, which is why HUD-assisted housing offers options like rent recalculation, income-based rent, and other financial rental assistance.
If a tenant cannot pay rent on time, the best practice is to communicate early and document all correspondence. Owners and tenants can work together on rental repayment agreements or lump sum payments that resolve past due amounts.
Remember: once a tenant fulfills the rental repayment agreement, the alleged amount is considered cured, meaning it should not count as part of the arrearages or other arrearages for future disputes.
Public Comments, Rules, and Tenant Protections
The proposed rule that shaped the 2026 final rule incorporated public comments from landlords, public housing agencies, and tenant advocates nationwide.
This collaborative process led to fairer outcomes for both sides, balancing landlords’ need to maintain property value with tenants’ rights under Title VI of the Civil Rights Act. The final rule promotes effective communication, prevents misunderstandings, and supports equitable housing access.
Frequently Asked Questions
Q1: How much notice must be given to terminate a month-to-month lease in Florida?
Under Florida law, either the landlord or tenant must provide at least 30 days’ written notice before the end of the monthly period.
Q2: Can a landlord increase rent during a month-to-month lease?
Yes. A landlord can increase rent payments with proper notice — typically 30 days — ensuring tenants have time to plan or terminate the lease if they choose.
Q3: What happens if a tenant can’t pay rent due to financial hardship?
Tenants may qualify for a rent hardship exemption, a rental repayment agreement, or financial rental assistance under HUD programs like PBRA or Public Housing.
Q4: When is a formal eviction allowed?
A formal judicial eviction occurs only after the termination notice expires without resolution and when the alleged rent owed remains unpaid. Landlords must comply with state law and HUD guidance before filing.
Q5: What are the responsibilities of public housing agencies (PHAs)?
PHAs must provide tenants with fair notice, assist with income-based rent recalculations, and ensure compliance with the Rehabilitation Act and CARES Act to prevent evictions whenever possible.
Keeping Tenancy Smooth and Sustainable
Successfully managing a month-to-month lease requires trust, transparency, and communication. Whether you’re a tenant navigating a hardship exemption or a landlord balancing rent owed and compliance with HUD regulations, the key is collaboration.
Both parties should aim for mutual understanding because when parties work together, preventable evictions can be avoided, and stable tenancies can flourish.
Final Thoughts: Partner with Experts Who Care
At PMI Arrico Lakeland Property Management, we help landlords and tenants confidently manage every aspect of their rental relationship from lease renewals to termination notices, rent recalculations, and compliance with state law and HUD programs.
If you’re navigating a month-to-month tenancy or want professional guidance on managing your property, our team can help streamline the process and protect your investment.
Ready to make your rental process stress-free? Visit Lakeland Property Management Inc. to schedule your free consultation today and learn how we can help you prevent evictions, ensure compliance, and build stronger tenant relationships.
