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

UPDATED: Sep 28, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption