The Florida rental agreements are legal contracts between a landlord and a tenant for the use of real property for regular payments (“rent”), usually made monthly. These agreements are governed by Florida landlord-tenant law and may include additional terms and conditions (which can’t supersede state law).
Florida Rental Agreement Types
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Florida Required Lease Disclosures
- Landlord’s Name & Address (required for all) – To establish communication between landlord and tenant for serving legal notices, Florida landlords must provide a notice in or alongside their lease agreement that outline contact information of anyone authorized to act on behalf of the property.
- Dangers of Radon Gas (required for all) – All Florida leases are required to include a specific disclosure about the dangers of radon gas in the property to help protect potential tenants.
- Security Deposit Holdings (required for some) – When a landlord manages 5 or more individual rental units in Florida, they are required to disclose where any security deposit is held, any information about accruing interest, and a specific notice provided by the state to ensure it is handled correctly.
- Lead Based Paint Disclosure (required for some) – To protect prospective tenants, every Florida lease agreement must include a lead based paint disclosure form and EPA-approved pamphlet regarding the dangers of lead paint in addition to any known hazards that exist in the rental building.
To learn more about required disclosures in Florida, click here.
Florida Landlord Tenant Laws
- Warranty of Habitability – A Florida landlord must always provide their tenant with adequate plumbing, running water, electrical lighting, and more. If any of these amenities become inoperable, the landlord must repair them within 20 days of a request from a tenant. Otherwise, a Florida tenant may be able to perform a repair and deduct after providing written notice of intention.
- Evictions – A Florida landlord may evict a tenant for breaking a lease term or committing an illegal act, both of which come with a 7-day notice period. Failing to pay rent, meanwhile, comes with a 3-day notice period. As such, this eviction process tends to take around a week.
- Security Deposits – A Florida security deposit is not limited in terms of value. However, a Florida landlord has up to 30 days to return any collected security deposits if deductions are made after move out.
- Lease Termination – A month-to-month lease in Florida can be terminated with at 15 days of advance notice. A fixed-term lease, on the other hand, can be terminated by a tenant after supplying proof of active military duty, dwelling uninhabitability, landlord harassment, or a specific lease term violation on the landlord’s part.
- Rent Increases & Fees – Florida landlords do not need to provide notice or justification for any rent increases. These increases are not capped for value, either. Similarly, Florida gives landlords the ability to charge most standard operating fees without limitation. However, bounced check fees are limited, starting at around $25.
- Landlord Entry – A Florida landlord may enter a tenant’s dwelling legally by providing 12 hours of notice. A lease agreement may alter this standard, though. Also, any set standard does not apply in emergency situations unless otherwise stated.
- Settling Legal Disputes – A Florida landlord or tenant may file a case (including evictions) valued at up to $5,000 in the state’s small claims court. These cases are subject to a 5 year and 4 year statute of limitations for written and oral contracts, respectively.
To learn more about landlord tenant laws in Florida, click here.
