Renting out a spare room in your home can be a smart way to offset expenses, but without the proper documentation, even arrangements between family members can take a negative turn. A room rental agreement (or “roommate agreement”) in Florida helps you set expectations, protect everyone’s rights, and prevent disputes before they start.
We’ll walk you through this unique type of Florida lease agreement and discuss federal and state laws, mandatory disclosures, and how landlord software can help you stay compliant.
Room Rental Laws
When renting out a room, keep Florida’s landlord-tenant laws in mind:
- You must maintain safe, habitable housing.
- Always notify tenants before entering their room.
- Include mandatory disclosures.
- Avoid any form of landlord harassment.
Here’s a quick recap of contract types and disclosures before we outline the Florida room rental laws you need to know.
Different Types of Room Rental Agreements in Florida
Here are three common lease agreement types you can choose from:
- Verbal agreement: Many landlords choose word-of-mouth agreements, but it’s a best practice to create a clear lease in writing.
- Fixed-term lease: By specifying the tenancy’s start and end dates, these contracts offer stability but not flexibility.
- Month-to-month lease: A “tenancy at will” agreement automatically renews each month. It doesn’t require a long-term commitment, as both parties can terminate at any time.
Pro tip: When making your decision, think about whether you want flexibility or stability. Always consider your relationship with the tenant and the length of the tenancy.
Required Landlord Disclosures
Here are the five mandatory disclosures all landlords must include in a room rental agreement in Florida:
- Lead paint: You must tell tenants about lead-based paint and lead-based paint hazards in rentals built before 1978 (42 U.S.C. § 4852d).
- Radon: If the rental period is longer than 45 days, you must provide tenants with the state legislature’s official radon gas warning (Fla. Stat. § 404.056).
- Landlord name and address: Florida law requires landlords to disclose their name and address (Fla. Stat. § 83.50).
- Security deposit receipt: Within 30 days of collecting a tenant’s security deposit, you must provide a receipt, including:
- Bank name and location
- Interest details (Fla. Stat. § 83.49).
- Fire protection: If the building is over three stories tall, you must disclose fire safety information (Fla. Stat. § 719.616).
Security Deposit Rules
Maximum security deposit: State law doesn’t cap security deposits. Landlords can charge a reasonable amount if:
- They clearly define it in the lease.
- The tenant agrees (Fla. Stat. § 83.49).
Security deposit receipt: Florida law doesn’t require landlords to give tenants proof of payment. However, landlords must give tenants a written notice within 30 days, including:
- The bank’s name and address
- Whether or not the deposit is in an interest-bearing account, and the account’s details
- A mandatory disclosure paragraph provided by the state (Fla. Stat. § 83.49).
Deduction tracking: If you withhold security deposit funds, you must send tenants written notice detailing all deductions within 30 days via Certified Mail (Fla. Stat. § 83.49).
Security deposit return: Landlords must return the full deposit within 15 days after move-out if they aren’t deducting any funds. If they are deducting funds, they must send a written notice within 30 days of move-out (Fla. Stat. § 83.49).
Pet deposits: No Florida laws cap the amount landlords can collect for pet deposits or pet fees.
Rent Payment Rules
Late rent fees: State law permits landlords to charge reasonable late fees if you clearly outline your policy in the lease.
Right to withhold rent: Tenants may lawfully withhold rent if the landlord fails to maintain habitable living conditions. Florida law requires tenants to give their landlord written notice (Fla. Stat. § 83.201).
Grace period: Florida law doesn’t require a grace period for late rent.
Pet rent: Landlords can charge a reasonable pet rent if it’s outlined in the lease, but not for Emotional Support Animals (ESAs) or service animals (Fla. Stat. § 760.27).
Rent Payment Increase Rules
Rent payment increase frequency: For fixed-term leases, you can’t change the rent amount unless you added a mid-term increase clause in your contract. For month-to-month leases, landlords can increase the rent when the tenancy renews if they notify tenants.
Rent payment increase maximum: Florida law doesn’t cap rent increases.
Rent control/stabilization: State law prohibits counties from mandating rent control policies unless there’s an extreme housing emergency (Fla. Stat. § 125.0103).
Florida Room Rental Agreement Breaches
Failure to pay: You must give the tenant a written 3-Day Notice to Pay or Quit before initiating eviction proceedings (Fla. Stat. § 83.56).
Lease violations: State law permits landlords to take legal action against tenants who breach their lease. However, they must provide written notice to correct the issue or vacate before escalating the situation (Fla. Stat. § 83.56).
Self-help evictions: You can’t force someone out of your property without following Florida’s court-ordered process. State law prohibits changing the locks, shutting off utilities, and using any other self-help methods (Fla. Stat. § 83.56).
Terminating a Florida Room Rental Agreement
Month-to-month: Florida law requires you to give written notice within at least 30 days (Fla. Stat. § 83.57).
Fixed-term: If the contract runs yearly, you must provide at least 60 days’ written notice to terminate the agreement (Fla. Stat. § 83.57).
Room abandonment: After confirming the room is uninhabited, landlords must send tenants a written notice before re-renting the room (Fla. Stat. § 83.59).
Tenant’s right to terminate: Tenants may exit a lease without penalty under certain circumstances, such as:
- Domestic violence (Fla. Stat. § 83.43)
- The landlord fails to maintain safe housing (Fla. Stat. § 83.56)
Federal law permits active duty military members to terminate a lease if they’re deployed (50 U.S.C. § 3955).
Landlord Access Laws
Immediate access: Florida landlords can enter a tenant’s room without notice in major emergencies, such as gas leaks or floods.
Landlord harassment: You can’t enter a tenant’s room illegally to force them out (Fla. Stat. § 83.56).
Advance notice: Florida law doesn’t set a specific advance notice period.
Lease Agreement Renewal and Termination
Required renewals: State law doesn’t require renewals. If a fixed-term lease expires, you must add an extension clause or sign a new contract.
Required notice: With month-to-month leases, Florida law requires 30 days’ notice. If they’re on a fixed-term lease, you must provide 60 days’ notice (Fla. Stat. § 83.57).
Month-to-month considerations: Some states, including Florida, consider leases month-to-month when a tenant stays after the rental period ends without signing a new contract.
Follow this guide to set clear expectations, protect your rights, and create a legally-compliant room rental agreement in Florida.
Room Rental Agreement Florida FAQs
What to include in a Florida room rental agreement?
Landlords must specify their policies on rent payments, security deposits, house rules, and responsibility for utilities, as well as all mandatory disclosures.
How do I legally rent out a room?
Use a written Florida room rental agreement. Landlord software can help you streamline the process.
How to make a Florida room rental agreement?
We recommend our simple printable PDF templates for a room rental agreement (Florida).
