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Florida Rental Lease Agreements | Laws

A Florida lease agreement is a legal document used to establish a residential or commercial rental arrangement between an owner/landlord and a tenant. Each one of the forms below contains terms and conditions specific to the type of rental situation for which it was created. The landlord and tenant will go over all the provisions in the document before signing it to ensure both parties understand their rights, duties, and obligations. Once it has been signed, it is legally binding and can only be terminated under certain circumstances.

Rental Application – Used to vet individuals for tenancy so the landlord can find the tenant best suited for renting their property.

Contents

Agreements: By Type (7)


Commercial Lease Agreement – Allows an owner of commercial property to rent out real estate for office, retail, or industrial use.

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College Roommate Agreement – A contract for roommates who are planning on living together through college. Includes provisions for study time, sleep schedules, cleaning duties, and other pertinent clauses.

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Lease with Option to Purchase (Lease to Own) – A regular lease that includes additional terms and conditions to allow a landlord and tenant to execute a real estate sale transaction after the term of the lease has expired.

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Month to Month Lease Agreement – Used to establish a looser type of residential rental arrangement wherein no fixed end date exists and either party (landlord or tenant) can terminate the agreement at any time with proper notice.

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Roommate Agreement – An agreement between roommates that is separate from the original lease and helps establish an agreeable living arrangement between them.

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Standard (1-year) Lease Agreement – A fixed-term residential lease that enables the landlord to collect rent from a tenant on a monthly basis without renegotiations until twelve (12) months has elapsed.

Download: Adobe PDF


Sublease Agreement – Separate from an original lease with a landlord, a sublease allows a tenant to rent part of their living space to another individual (subtenant). (Subleasing is not mentioned in Florida law; the landlord can either permit or prohibit a sublease agreement in the original lease.)

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Landlord-Tenant Laws

Disclosures

Identification ( § 83.50) – The name(s) and address(es) of the person(s) in charge of sending and receiving notices to tenants must be provided to all tenants before the commencement of a lease.

Radon (§ 404.056(5)) – Before a lease agreement can be executed, landlords must provide all tenants with a radon gas disclosure, specifically 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.”

Security Deposit (§ 83.49(2)) – Written notice must be provided to tenants regarding their security deposit. The notice must include all information stated in Subsection (2) of Section 83.49 of the Florida statutes. (Note: this required disclosure only applies to landlords who rent more than five (5) individual residential units.)

Landlord’s Access

General Access (§ 83.53(2)) – Landlord can enter a tenant’s dwelling as long as reasonable notice is provided; i.e., twelve (12) hours.

Emergency Access (§ 83.53(2)) – Landlord may enter a tenant’s dwelling at any time for emergency purposes.

Rent

Grace Period – No grace period for late rent payment in state statutes.

Maximum Fees ($) – No maximum fees mentioned in state statutes.

Rent Increase Notice – No rent increase notice mentioned in state statutes.

Security Deposits

Maximum Amount ($) – No maximum amount set for security deposits in state statutes.

Returning to Tenant (83.49 (3a)) – Landlord is given fifteen (15) days to return a security deposit (plus any interest) back to the tenant.

Interest Required? (83.49 (1a+b)) – Not required but interest may be collected as long as tenant receives 75% of the annualized average interest rate or 5% simple interest each year.

Separate Bank Account? (83.49 (1a+b)) – Yes, security deposits must be in a Florida bank account and the money cannot “commingle” with other funds.