Florida Rental Lease Agreements
The Florida Lease Agreements are contracts that legally define the roles and responsibilities of landlords and tenants. The document is necessary to make it clear to each party what they must do in order to uphold their legal obligations. In simple terms, each document should include an area dedicated to party identification, the rules/conditions of the lease, the rent the tenant(s) is expected to pay, and the end date of the contract.
It is advisable for both landlords and tenants to stay on top of any state or federal amendments or new laws concerning landlord-tenant relations.
Types of Agreements
Commercial Lease Agreement – Appropriate for business owners wishing to rent out a property for the purpose of using it as their business premises.
Lease to Own Agreement – Sets out specific conditions for a tenant to buy the property they lease from the landlord.
Month-to-Month Lease Agreement – This agreement permits tenancy to take place on a month-to-month basis for as long as both parties agree to such an arrangement.
Roommate Agreement – A document designed to create a sense of harmony among individuals leasing rooms in the same rental property.
Standard Residential Lease Agreement – Used by landlords who wish to rent out their Florida-based property to one or many tenants.
Download – Adobe PDF
Sublease Agreement – Sets out provisions for a tenant to rent out their leased property to another party, usually with permission from the landlord.
What is a Florida Lease Agreement?
A Florida Lease Agreement is a legal document that outlines conditions for the rental of a residential property. Both the landlord and tenant have specific duties listed that they must follow. Landlords who wish to vet prospective tenants should consider using a rental application.
State Definition (§ 83.43.7) – “means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises.”
When is Rent Due?
According to § 83.46, rent is due at the beginning of each rent payment period, unless otherwise specified. There is no grace period stipulated.
Emergency (§ 83.53): Landlords can enter at any time in the event of an emergency,
Non-Emergency (§ 83.53): Landlords may enter in a range of circumstances, including inspecting the premises and making necessary or agreed repairs, decorations, alterations, or improvements. However, they must only enter between 7:30 a.m. and 8:00 p.m. and give “reasonable notice”, that is, twelve (12) hours notice.
- Fire Protection (§ 83.50): Landlords of buildings over three (3) stories high must notify tenants of the availability or lack of availability of any fire protection.
- Lead Paint Disclosure: In addition to attaching this pamphlet about lead paint hazards to a written lease, landlords must inform tenants of any lead paint hazards in properties built before 1978.
- Name and Address (§ 83.50): The name and address of the landlord or a person authorized to receive notices and demands on their behalf must be disclosed in writing.
- Radon Disclosure (§ 404.056): Every contract must include a specific statement about radon gas, as follows: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon 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 health department.”
- Security Deposit (§ 83.49): Landlords must inform tenants where the security deposit is being stored. They must also disclose if they are entitled to interest on the deposit. A specific disclosure regarding security deposits must also be given.
Security Deposit Laws
Maximum: There is no statute regarding the maximum amount a landlord can demand for a security deposit.
Returning to Tenant (§ 83.49(3)(a)): Deposits must be returned within fifteen (15), unless there are necessary deductions to be made. In cases where the landlord wishes to claim the deposit, they must sent a written notice to the tenant by certified mail within thirty (30) days.