Key Takeaways
- A lease agreement in Florida is invaluable for landlords seeking to create a legal rental contract with a tenant.
- In Florida, security deposits cannot exceed one month’s rent. They must be returned within 15 days.
- Landlords must give tenants seven days’ notice before eviction. Entry requires 12 hours’ notice.
- Required disclosures include information about lead-based paint and the presence of any known mold.
- Our free Florida Lease Agreement templates comply with state tenant and landlord responsibilities laws. This includes sections about security deposits, rent payments, termination, and more. With this, both parties can relate harmoniously and solve disputes amicably when they arise.
Florida Lease Agreements by Type
Florida Residential Lease
Residential Florida Lease Agreement
Used 4,872 times
Ensure your rental agreement meets all the state requirements in Florida with this lease agreement template.
Florida Room Rental
Employ a Florida Room Rental agreement when formalizing the terms of renting out a room in a residential property, ensuring clarity and compliance with Florida’s regulations for such rental arrangements.
Florida Apartment Lease
Opt for a Florida Apartment Lease agreement when establishing a comprehensive and legally binding document for renting an apartment
Florida Month-to-Month Lease
Use this template when establishing a month-to-month rental agreement for residential or commercial properties in Florida.
Commercial Lease Agreement
Utilize this template when leasing a commercial property in Florida to establish the terms and conditions of the rental agreement between a landlord and a tenant for business purposes.
Florida Lease to Purchase
Utilize a Florida Lease to Purchase agreement when creating a contractual arrangement that incorporates both leasing and the potential purchase of a property.
Florida Sublease Agreement
Sublease Agreement Florida
Used 4,872 times
Take the headache out of subletting property by using a legally binding sublease agreement for Florida that meets all the legal requirements of the state.
Utilize this template when subleasing a residential property in Florida to outline the agreement between the original tenant (sublessor) and the new tenant (sublessee).
Understanding Florida Rental Laws
Florida Lease Agreements may address specific considerations related to the state’s property laws, such as regulations concerning property maintenance, eviction procedures, and disclosure requirements. A lease agreement template for Florida comes in handy here. Guided by legal principles and statutes, it defines interactions between a landlord and a tenant.
Rent and Payment Terms
Rent Setting
- Landlords in Florida can set monthly rent based on market forces.
- Tenants agree to pay the agreed-upon amount within the stipulated time frame upon signing the contract.
Late Payment Fees
- The landlord can charge a late fee for overdue rent.
- Late fees can be either $20 or 20% of the monthly rent, as per the agreement.
Notice for Non-Payment
- In case of non-payment of rent, the landlord must provide three days’ notice before initiating eviction procedures.
- For public housing, the notice period is extended to 14 days.
- The notice period excludes the notice day, holidays, and weekends.
- If the notice is sent via mail, the period is further extended to five days.
Security Deposit Regulations
Account Handling
- Security deposits in Florida must be kept in separate accounts.
- Accounts can be non-interest bearing or deliver specific minimum interest amounts to the tenant.
- Landlords are prohibited from using the funds for other purposes until legally allowed post-lease termination.
Disclosure Requirements
- Within 30 days of receiving funds, landlords must disclose in writing to tenants:
- Where deposits are held.
- Whether interest accrues.
Refund Timeline
- Tenants in Florida are entitled to a refund of the security deposit within 15 days of moving out.
Duration of The Lease
Florida law allows flexibility in setting lease durations in lease agreements. The most common terms range from annually to quarterly to month-to-month. For tenants signing longer leases, important regulations apply. For instance, if a landlord sells the property, the new owner must maintain the current lease agreement until it expires.
Maintenance and Repairs
Florida laws specify that landlords must maintain and carry out routine repairs. The landlord must ensure that the premises comply with building, housing, and health codes, plus provide essential services. They must offer tenants habitable and functional living conditions contractually. On the other hand, the tenants are responsible for keeping the place safe and sanitary.
Additional Clauses
Besides essential terms, a lease agreement template for Florida can contain other clauses, such as pet provisions and subleasing. Other addendums can include smoking policies and noise thresholds. The landlord can add clauses regarding their usage in building complexes with shared resources like pools and gyms.
Disclosures
The law requires landlords to provide certain disclosures to tenants. Here are the required disclosures for a Florida lease agreement:
- Flood Zone Disclosure
- Radon Gas Disclosure (for certain counties)
- Truth in Renting Act Notice
- Bedbug Disclosure
- Fire Safety and Carbon Monoxide Detector Disclosure (for certain dwellings)
- Landlord’s Name and Address Disclosure
- Residential Landlord and Tenant Act Information
- Pest Control Disclosure
- Security Deposit Disclosure
Florida Lease Agreement Laws
The Florida state has substantial legal compliance responsibilities per housing statutes and codes. Failing to adhere to the extensive regulations comes with the risk of significant civil penalties or cost-prohibitive lawsuits. So, understanding and integrating the Florida Residential Landlord and Tenant Act legal considerations for rentals is vital.
Laws | Name | Description |
Florida Statutes Chapter 83 Part II | Residential Tenancies | Governs residential lease agreements and covers general provisions, rent payment, landlord and tenant obligations, and eviction procedures. |
Florida Statutes Section 83.49 | Security Deposits | Regulates the collection, handling, and return of security deposits, including allowable deductions and the timeframe for returning deposits. |
Florida Statutes Section 83.56 | Repair and Deduct Remedies | Specifies tenant remedies for repair and deduct actions, allowing tenants to address certain repair issues and deduct costs from rent. |
Florida Statutes Section 83.57 | Landlord’s Access to Dwelling Unit | Outlines conditions under which landlords may enter rental units, protecting tenant privacy rights. |
Florida Statutes Section 83.60 | Termination of Tenancy with Specific Duration | Establishes notice requirements for terminating lease agreements with specific durations, both for landlords and tenants. |
Florida Statutes Section 83.595 | Late Rent Payments; Fees | Regulates late rent payments and fees, providing guidelines for imposing charges for overdue rent. |
Florida Statutes Section 83.683 | Retaliatory Conduct | Prohibits landlords from retaliating against tenants exercising their legal rights, such as complaining to authorities or joining tenant organizations. |
Florida Statutes Section 83.67 | Removal of Tenant’s Possessions | Outlines procedures for the removal and storage of a tenant’s possessions after eviction or abandonment. |
Florida Statutes Section 83.6835 | Prohibited Practices | Enumerates specific landlord actions that are considered prohibited practices, including unlawful entry and utility shutoffs. |
Florida Statutes Section 83.6838 | Domestic Violence; Early Termination | Provides provisions for early termination of a lease due to domestic violence, requiring certain documentation from the tenant. |