Florida Lease Agreement Template

A Florida lease agreement isn’t just a formality as a landlord; instead, it’s your first line of defense in the busy Sunshine State rental market. Whether you’re leasing a condo in Miami or a beachfront duplex in Panama City Beach, having the right lease will protect both you and your investment.

Your Florida lease agreement should include important information, such as the start and end date of the lease, the monthly rent amount, responsibilities of the tenant and landlord, and more. 

Disclosures (5)

In addition to important information about the lease, landlords must disclose specific property details and information with their Florida lease agreements. These required disclosures vary from state to state.

Here are the requirements for Florida:

1. Lead-based paint: Federal law requires the disclosure of the known presence of lead-based paint or the hazards of lead-based paint before the sale or lease of any home built before 1978. 
2. Radon: In Florida, landlords must disclose a warning about radon gas in all lease agreements longer than 45 days, with specific language outlined in the state legislature (Fla. Stat. § 404.056(5)).
3. Fire protection: Landlords must disclose what fire protection is available in all buildings over three stories, such as fire extinguishers or smoke detectors (Fla. Stat. § 719.616).
4. Security deposit receipt: If they own more than five units, Florida landlords must inform their tenants in writing where their security deposit is held. If it’s in an interest-bearing account, landlords must inform tenants within 30 days of receiving it (Fla. Stat. § 83.49(2)).
5. Landlord’s name and address: At the time of the lease signing, landlords must inform tenants of their legal name and current address (Fla. Stat. § 83.50).

Optional Disclosures and Addenda

While not legally required, we recommend some additional optional disclosures and addenda in a Florida lease agreement. 

Asbestos: Informs tenants of any asbestos hazards or issues that may be related to the property. 

Bed bugs: Informs tenants of any issues or suspected issues related to bed bugs in the rental or adjacent properties, and serves as a reminder to report any suspected bed bugs immediately. 

Late/returned check fee: Florida law does not limit late fees that landlords may charge. For returned checks, checks valued less than $50 may be charged $25; $30 for checks between $50 and $300; and $40 or 5% of the check value (whichever is greater) for checks over $300 (Fla. Stat. § 68.065(2)).

Medical marijuana use: Details the rules regarding medical marijuana use in the rental property. Some state laws allow landlords to restrict the use of medical marijuana to non-smoking methods.

Mold disclosure: Informs tenants of any confirmed or suspected mold issues in the rental property, including remediation options. 

Move-in checklist: Takes inventory of the state of the rental property, including any damage, when the tenant moves in. This helps to ensure accurate security deposit deductions upon move-out.

Non-refundable fees: To charge any non-refundable fees, landlords must disclose them and both parties must agree to them in the lease.

Shared utilities arrangements: Outlines how landlords split up utility charges in rentals that share a utility meter. 

Smoking: Informs tenants of designated smoking areas on the property, if any, that will not disturb the other tenants. 

Consequences of Not Including Mandatory Disclosures

Disclosures outline important information that helps protect both the tenant and landlord. If a landlord fails to disclose mandatory information, they may face serious legal consequences or financial penalties. 

Security Deposit Regulations in Florida

Security deposit regulations are in place to protect both the landlord and the tenant and can vary from state to state. Here’s what you need to know in Florida: 

Maximum amount: Florida does not limit the amount that landlords can charge as a security deposit. 

Deposit receipt: While only required of landlords that own five or more rental properties, it is good practice to provide a security deposit receipt within 30 days of payment, including their storage location and whether the account is interest-bearing (Fla. Stat. § 83.49(2)).

Interest payments: State law doesn’t require landlords to pay interest accrued from security deposits. However, if the funds from the security deposit are held in an interest-bearing account, landlords must pay either 75% of the annualized average interest rate or 5% per year of simple interest to the tenant (Fla. Stat. § 83.49(1)).

Security deposit return: Landlords should return security deposits within 15 days of move-out or within 30 days of informing them of any deductions (Fla. Stat. § 83.49(3a)).

Deductions: Landlords must outline any deductions from the security deposit in a written notice to the tenant within 30 days of moving out. The tenant has 15 days to dispute the deductions; if they make no disputes, the landlord must return the balance of the deposit within 30 days of delivering the notice (Fla. Stat. § 83.49).

Rent Payment Regulations

Similarly, each state has laws that vary regarding rent payment regulations. In Florida, this includes:

Rent control/stabilization: Other than a couple of counties, Florida does not allow rent control or rent stabilization (Live Local Act).

Late rent fees: In the state of Florida, late rent fees must be “reasonable,” which translates to no more than $20 or 20% of the monthly rent, whichever is greater (Fla. Stat. § 83.808(3)).

Grace period: Florida law does not require a grace period for late rent, but many landlords choose to include one in their Florida lease agreement. 

Tenant’s right to withhold rent: Tenants may withhold rent if the landlord has not made the repairs within 20 days of being given notice. Once the repair is made, the tenant must pay the withheld rent. However, if repairs remain uncompleted, they can vacate the rental without penalty (Fla. Stat. § 83.201).

Violations

If a tenant violates any part of your lease, you have options to help protect you and your investment. 

Lease violation: For common lease violations, tenants have 7 days to cure the violation or vacate the property. For illegal activities or a second violation, landlords may provide the tenants 7 days’ notice to vacate the property (Fla. Stat. § 83.56(2(b)), (Fla. Stat. § 83.56(2(a))).

Missed rent payment: After a missed rent payment, a landlord may provide the tenant with a 3-day notice to pay or quit (Fla. Stat. § 83.56(3)).

Lease abandonment: If a tenant vacates a lease early without a qualifying condition, the landlord may sue the tenant for damages up to 2 months’ rent (Fla. Stat. § 83.595).

Self-help evictions: Evicting a tenant on your own without going through the proper legal channels, or self-help evictions, are illegal in Florida (Fla. Stat. § 83.67).

Terminating a Lease

It’s inevitable: all lease agreements will end at some point or another. But do you know how to terminate a lease legally? Read on to find out more.

Standard lease: In a standard lease, tenants may terminate a lease early without penalty, such as active duty military, uninhabitable conditions, and landlord harassment or retaliation (Fla. Stat. § 83.51).

Month-to-month: A month-to-month lease can be terminated with at least 30 days written notice from either party (Fla. Stat. § 83.595).

Property abandonment: Landlords are required to make a reasonable effort to notify tenants of any property they left behind. However, if there is no response within 15 days, they may legally dispose of said property (Fla. Stat. § 715).

Renewing a Lease

Certain regulations apply when it comes to renewing a lease that landlords must follow.. 

Notice requirements: For a standard lease, tenants or landlords must give 60 days’ notice to let the other party know the lease will be ending. For month-to-month leases, landlords must provide 15 days’ notice (Fla. Stat. § 83.575).

Renewals: Landlords are not required to renew a tenant’s lease at the end of its term. 

Landlord’s Access to Property

Even though they own the property, landlords may not enter whenever they please. Here are the regulations that you must follow: 

Immediate access: In the event of an emergency, landlords can access the property immediately (Fla. Stat. § 83.53(2b)).

Notice requirements: Landlords must give tenants 24 hours’ notice before entering the property. They may only enter between the hours of 7:30 am and 8:00 pm (Fla. Stat. § 83.53(2)).

Harassment: Repeatedly ignoring these guidelines can be considered landlord harassment and is not allowed under Florida law (Fla. Stat. § 83.53(3)).