If my lease period ended and I am on a month-to-month basis, does the landlord have the right to charge market rent?

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If my lease period ended and I am on a month-to-month basis, does the landlord have the right to charge market rent?

And if they have charged me less without realizing it, do they have the right to backcharge me when they do realize it? Is it true that I only have to give a 15 day notice once I’m on a month-to month-contract?

Asked on September 28, 2010 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) A month-to-month lease requires a month's notice--not 15 days--by either party to terminate the agreement. Basically, your obligated for the next month after you give notice.

2) With a month's notice, the landlord could change the terms of the agreement, including changing (presumably increasing) the rent to, or even beyond (if he thinks you'll pay it!) market rent. Other changes, such as changes to who provides utilities, to whether pets are allowed, to the size of the security deposit, etc. could also be made with proper notice.

3) The landlord in a month-to-month rental cannot retroactively go back and charge tenants more; he can only change the rent going forward, following proper notice.


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