A Florida lease agreement is a legally binding contract between the landlord or property owner (who rents out their property) and the tenant (who agrees to the terms and conditions). The document must be written according to the state’s landlord-tenant rental laws and include the following information: lease term, monthly payment, late fees, specific disclosures, security deposits, and utility requirements.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
Landlords typically necessitate the completion of a rental application to assess tenant suitability before signing a lease agreement.
By Type (6)
Standard Lease Agreement
Enables a landlord and tenant to create a legally binding arrangement for renting a property.
Month-to-Month Rental Agreement
Enables tenants to occupy a property on a monthly basis, with no fixed long-term commitment.
Commercial Lease Agreements
Enables a tenant to lease a property for business purposes.
Room Rental Agreement
Sets the terms and conditions between tenants renting a room within a shared living space.
Sublease Agreement
Allows the subtenant to rent all or part of the leased property for a specified period.
Rent-to-Own Lease Agreement
Integrates the convenience of leasing with the promise of future ownership.
Required Lease Disclosures
Florida imposes additional requirements for landlords and tenants when executing a lease agreement. For example, landlords are required to include the following disclosures in writing: [1]
- Identification. The landlord’s name and address and other parties authorized to manage the premises. [2]
- Disclosure of Lead-Based Hazards. Lead-based paint disclosure is to be provided to the tenant before occupancy.
- Radon Disclosure. Radon gas notice for contaminated areas in residential buildings. [3]
- Security Deposit Notice. Landlords must keep the security deposit in a separate bank account and disclose the institution’s name and location. [4]
- Rental Inspection Checklist to assess damages to the rental unit.
- Abandoned Personal Property Notice for when a tenant leaves their goods behind. [5]
- Notice of Foreclosure. Under the “Protecting Tenants at Foreclosure Act,” tenants must be notified if a landlord has received a notice of foreclosure at least 90 days before the effective date. [6]
Security Deposit
- Maximum Amount: There is no limit on the amount of security deposit a landlord can demand from a tenant (No statute).
- Receipts: Not specified.
- Interest Payments: Not required but may be collected, provided the tenant receives either 75% of the annualized average interest rate or 5% simple interest annually. [7]
- Bank Account: Security deposits must be kept in a separate bank account or surety bond and cannot be mixed with other funds. [8]
- Returning Requirements: At the end of the lease, the deposit must be returned to the tenant within 15 days if there are no deductions and within 30 days if there are deductions.
- Withholding Rules: Landlords can withhold a security deposit to cover unpaid rent, excessive property damage, specified fees, and lease violations.
Rent Payments
- Laws: Rent is due on the day mentioned in the lease agreement. This is commonly the first day of the month, unless the lease specifies otherwise.
- Rent Control: These conditions must be agreed upon between the landlord and tenant (no statute).
- Late Fees and Grace Period: There are no laws defining a maximum late rent fee; landlords can charge any amount, but unreasonable fees may not be enforceable in court. [9] Late fees should be specified in the lease, and there is no rent grace period. If rent is late, a 3-day notice to quit can be issued to start the eviction process.
- Withholding Rent: Tenants may withhold rent if the landlord fails to comply with the lease or legal requirements. Before withholding rent, tenants must provide the landlord with seven days’ written notice to address the issue. [10]
Landlord Right of Entry
- Notice Requirements: A landlord must give the tenant at least 24 hours’ notice before entering the premises. [11]
- Keys, Locks, and Security: Apart from the prohibition on changing locks to evict tenants, there are no other specific regulations.
Property Repairs
- Landlord Responsibilities: Landlords must ensure their rental units comply with building, housing, and health codes, provide safe conditions, functioning appliances, and pest control for apartments, and maintain good condition for single-family homes or duplexes.
- Tenant Repairs: Tenants must maintain fixtures and appliances, operate facilities reasonably, and keep the property clean and compliant with applicable codes.
- Abandonment: If a tenant is absent for half the rental period without notifying the landlord and rent is late, the property is considered abandoned. [12]
Terminating a Lease
- Month-to-Month Tenancy: In Florida, to terminate a monthly tenancy, a 30-day notice is required.
- Unclaimed Property: For unclaimed property, landlords must notify tenants about their belongings and any associated fees, with a 10-day claim period if delivered in person or 15 days if mailed. [13] Unclaimed items must be sold at auction if valued over $500; otherwise, they can be kept or discarded. [14]
Sample
You can download the Florida lease agreement template below in PDF & Word.
