How Long Can a Residential Lease Be in Florida?

In Florida, residential leases of any duration are acceptable. An oral lease agreement is legal and enforceable for any period of less than one year. Lease agreements that exceed one year are permitted, but they must be in writing to comply with the statutes of fraud concerning property transactions.

Is a Contract to Lease Binding in Florida?

Yes, a contract to lease (or lease agreement) is legally binding in Florida. Both oral and written lease agreements are legal and enforceable in Florida. Written lease agreements must be signed in order to be legally binding, and the landlord must sign the lease in the presence of two witnesses.

Do Lease Agreements Need to Be Notarized in Florida?

No, lease agreements do not need to be notarized in Florida, regardless of the duration of the lease. Landlords and tenants can agree to get a lease notarized if they prefer but it is not required in order for the lease to be legally binding.

Can a Lease Automatically Renew in Florida?

Yes, a lease can automatically renew in Florida. With a renewal clause in the lease, the tenant and landlord can continue normally after the original term of the lease expires. If there is renewal clause, the lease is assumed to be terminated on expiration, but will continue as a periodic arrangement if a landlord continues to accept rent payments from the tenant. In Florida, landlords must notify tenants 30 days before the end of the lease period or rent due date in order to terminate.

Florida Lease Agreement (Free) | 2025 Official

A Florida residential lease agreement (“rental agreement”) (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

Florida Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Florida.

Disclosure	Applicable To
Landlord’s Name/Address	All Rentals
Radon Gas	All Rentals
Security Deposit Holdings	Properties With Five or More Rental Units
Lead Paint	Units Built Before 1978

Landlord’s Name and Address

Applies to all Florida residential leases.

Florida leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.

Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.

Dangers of Radon Gas

Applies to all Florida residential leases.

Florida rental agreements must include a warning about the dangers of radon gas. This gas is a naturally occurring radioactive gas that may cause health issues with extended exposure.

This is an example of a radon gas disclosure:

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.

Download: Florida Radon Hazard Disclosure Form (PDF)

Security Deposit Holdings

Applies to Florida rental properties of five or more individual dwelling units.

Florida landlords can’t ask for a security deposit without a written disclosure of how the funds will be kept. They also must provide general information about security deposits and how they work in Florida.

This disclosure has a number of legal requirements. It must include the following information:

Name and address of the place where the amounts are held (or can document that the landlord has posted a compliant surety bond)
The interest the tenant gets on the deposit, if any
The following wording:

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.

YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.

THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

The landlord may give this disclosure to the tenant separately from the lease. If so, it must be sent within 30 days after receiving the tenant’s advance rent payment plus security deposit.

Download: Florida Security Deposit Holdings Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applies to all rental units built before 1978.

Florida residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

Fill out and attach this lead-based paint disclosure form to the lease agreement
Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)

Download: Florida Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following disclosures and addenda are not required by Florida law in residential lease agreements, but help with tenant management and landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers.
Bed Bugs	Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees	Specifies late fees or returned check fees related to the lease. Florida does not limit late fees. Returned checks valued less than $50 may be charged a $25 late fee. Between $50 and $300, the allowed fee is $30. For checks over $300 value, the returned check fee is $40 or 5% of the face value (whichever is greater).
Medical Marijuana Use	Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure	Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability.
Move-in Checklist	Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable when the lease ends. For landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements	Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking	Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.

note

Some cities have additional legal requirements. One notable example is Jacksonville. Always check local laws and regulations.

Failure To Include Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation.

Sources

1 FL Stat § 83.50 (2019): In addition to any other disclosure required by law, the landlord, or a person authorized to enter into a rental agreement on the landlord’s behalf, shall disclose in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf. The person so authorized to receive notices and demands retains authority until the tenant is notified otherwise. All notices of such names and addresses or changes thereto shall be delivered to the tenant’s residence or, if specified in writing by the tenant, to any other address.
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2 Fla. Stat. § 404.056: NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language:

“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.”
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3 Fla. Stat. § 83.49: The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit. Subsequent to providing such written notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she must notify the tenant within 30 days after the change as provided in paragraphs (a)-(d). The landlord is not required to give new or additional notice solely because the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to give this notice is not a defense to the payment of rent when due. The written notice must:

(a) Be given in person or by mail to the tenant.

(b) State the name and address of the depository where the advance rent or security deposit is being held or state that the landlord has posted a surety bond as provided by law.

(c) State whether the tenant is entitled to interest on the deposit.

(d) Contain the following disclosure: [cut for reasons of length]
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4 Fla. Stat. § 68.065(2): In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action.
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5 24 Code Fed. Regs. § 30.65 (2023): The Director of the Office of Lead Hazard Control and Healthy Homes, or his or her designee, may initiate a civil money penalty action against any person who knowingly violates 42 U.S.C. 4852d.
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