Florida Residential Lease Agreement

Last Updated: October 12, 2023 by Roberto Valenzuela

A Florida residential lease agreement (“rental agreement”) is a written contract where one party (the “tenant”) lives in a particular property (“premises”) owned or overseen by another party (the “landlord”), in exchange for regular payments of rent.  Florida landlord-tenant law governs the contract, which includes terms and conditions outlining the responsibilities of each party.

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

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Applies to ALL residential leases in Florida.

Guarantees smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses. Customary to provide before the tenancy begins, or upon move-in.

Dangers of Radon Gas

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Applies to ALL Florida residential leases.

All rental agreements must include a general disclaimer about the dangers presented by high levels of radon gas. This gas is a naturally occurring radioactive gas that may cause health issues with prolonged 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

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

Landlords who ask for a security deposit must provide 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 depository where the amounts are held. (Alternatively, can affirm that the landlord has posted a legally compliant surety bond.)
  • The tenant’s entitlement to interest 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 provide this disclosure to the tenant separately from the lease. If so, it must be sent within 30 days after the landlord receives the tenant’s advance rent payment plus security deposit.

    Download: Florida Security Deposit Holdings Disclosure Form (PDF)

    Lead-Based Paint Disclosure

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    Applies to all rental units built before 1978.

    Federal law requires disclosing the risks posed by lead-based paints in all residences built before 1978. This law requires Florida 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 additional records or reports about the presence or hazards of any known 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 lease agreement disclosures and addenda are not required by Florida law. They are common inclusions in rental agreements to head off potential conflicts with tenants, or reduce liability for landlords.

    Optional Disclosure Purpose
    Asbestos Informs tenants if there is asbestos at the property. May suggest precautions the tenant can take to minimize the chance of disturbing any asbestos fibers.
    Bed Bugs Provides information on how to handle a bed bug infestation. Also notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation.
    Late/Returned Check Fees Discloses late fees returned check fees in the lease agreement. Florida does not limit late fees. Returned checks with a balance owed of less than $50 may be charged a $25 fee. If the balance is between $50 and $300, the maximum service fee is $30. If the balance exceeds $300, the returned check fee is $40 or 5% of the balance (whichever is greater).
    Medical Marijuana Use Provides rules and restrictions for tenant use of medical marijuana on the property. Some laws allow landlords to restrict marijuana usage to non-smoking methods only, or to designated smoking areas which do not risk interfering with other premises.
    Mold Disclosure Informs the tenant of the property’s current mold status. May help protect the landlord against liability for mold damages.
    Move-in Checklist A move-in checklist helps protect both the landlord and tenant from false claims about property damage.
    Non-Refundable Fees A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease.
    Shared Utilities Arrangements In rentals which share utilities, discloses the specifics of how they are shared, and the method for calculating each party’s bill. This enables tenants to estimate what they will owe each month.
    Smoking Inform tenants of designated smoking areas which don’t interfere with the use of other premises.
    note
    Some city legal requirements differ from the Florida state standard, with one notable example being Jacksonville.

    Failure To Include Mandatory Disclosures

    Failure to include a mandatory disclosure could result in fees, denial of eviction, refusal of the landlord’s other rights under the lease, and similar legal penalties. Disclosures outline important health, safety, and property information, and the law penalizes failure to disclose.

    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