Florida Lease Agreement Create a Florida Lease Agreement

Florida Lease Agreement

Published Dec 06, 2025
0 Comments
0 Downloads

A Florida Lease Agreement is a legal document that outlines the terms and conditions between a landlord and tenant for the rental of property in Florida.

Lease Type

Select the type of property that this lease applies to from the options provided. This helps clarify the nature of the rental arrangement and can affect lease terms and tenant rights. If your property type is not listed, choose "Other" and specify what it is.

Table of Contents

0% Complete 0/0 Fields

FLORIDA LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on the , by and between:

LANDLORD:
, with a mailing address of , (hereinafter referred to as the "Landlord"),

AND TENANT(S):

(hereinafter referred to as the "Tenant").

I. THE PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the premises located at the following address:

Street Address:
City:
State: Florida
Zip Code:
(hereinafter referred to as the "Premises").

The Premises includes the following furnishings and appliances:

II. TERM

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

Rent is due on the day of each month.

Rent shall be paid by the following method(s):

IV. LATE CHARGES AND RETURNED CHECKS

If rent is not paid by the day of the month, the Tenant shall pay a late fee of $.

If any check offered by the Tenant to the Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, the Tenant shall pay to the Landlord a returned check charge in the amount of $, in accordance with Florida Statute § 68.065.

V. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as security for any damage caused to the Premises during the term hereof.

FLORIDA SECURITY DEPOSIT DISCLOSURE (Pursuant to Fla. Stat. § 83.49):
The Security Deposit will be held in the following manner (check one):

VI. USE OF PREMISES

The Premises shall be used and occupied by the Tenant and the following immediate family members exclusively, as a private single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by the Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling.

Authorized Occupants:

VII. UTILITIES

The Landlord shall provide and pay for the following utilities and services (check all that apply):

The Tenant shall be responsible for all other utilities and services not listed above.

VIII. PETS

IX. MAINTENANCE AND REPAIRS

Landlord's Obligations: The Landlord shall maintain the dwelling in accordance with Florida Statute § 83.51, ensuring the roof, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components are in good repair and capable of resisting normal forces and loads.

Tenant's Obligations: The Tenant shall comply with Florida Statute § 83.52, including but not limited to:

  1. Keeping the Premises clean and sanitary.
  2. Removing all garbage in a clean and sanitary manner.
  3. Keeping all plumbing fixtures clean and sanitary and in repair.
  4. Using and operating in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances.
  5. Not destroying, defacing, damaging, impairing, or removing any part of the Premises or property therein belonging to the Landlord nor permitting any person to do so.

X. RIGHT OF ENTRY

Pursuant to Florida Statute § 83.53, the Landlord may enter the dwelling unit upon reasonable notice to the Tenant and at a reasonable time for the purpose of repair of the Premises. "Reasonable notice" for the purpose of repair is notice given at least twelve (12) hours prior to the entry, and reasonable time is between 7:30 a.m. and 8:00 p.m. The Landlord may enter the dwelling unit at any time for the protection or preservation of the Premises. The Landlord may enter the dwelling unit when necessary for the further purposes set forth in the statute under any of the following circumstances:

  1. With the consent of the Tenant;
  2. In case of emergency;
  3. When the Tenant unreasonably withholds consent; or
  4. If the Tenant is absent from the Premises for a period of time equal to one-half the time for periodic rental payments.

XI. DEFAULT AND REMEDIES

If the Tenant fails to pay rent when due and the default continues for three (3) days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the Landlord for payment of the rent or possession of the Premises, the Landlord may terminate the rental agreement.

If the Tenant materially fails to comply with Florida Statute § 83.52 or material provisions of this Agreement, the Landlord may deliver a written notice to the Tenant specifying the noncompliance and indicating the intention to terminate the Agreement if the noncompliance is not corrected within seven (7) days.

XII. ABANDONMENT

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

XIII. RADON GAS DISCLOSURE

ATTENTION: RADON GAS
"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." (Pursuant to Fla. Stat. § 404.056(5)).

XIV. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women.

The Premises was built (check one):

XV. MILITARY SERVICE MEMBERS

In accordance with Florida Statute § 83.682, if the Tenant is a service member and receives a change of station orders, temporary duty orders for a period exceeding 60 days, or is released from active duty, the Tenant may terminate this Agreement by providing the Landlord with a written notice of termination and a copy of the official military orders or a written verification signed by the service member's commanding officer.

XVI. NOTICES

Any notice required or permitted under this Agreement or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

Landlord's Notice Address:

Tenant's Notice Address:
The Premises Address listed in Section I.

XVII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

XVIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, specifically Chapter 83, Part II, Florida Statutes (Florida Residential Landlord and Tenant Act).

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.

LANDLORD SIGNATURE

Signature: _________________________
Print Name: _______________
Date:

TENANT SIGNATURE(S)

Signature: _________________________
Print Name: _______________
Date:

WITNESSES

(Required in Florida for leases exceeding one year per Fla. Stat. § 689.01)

Signature: _________________________
Print Name:
Date:

Signature: _________________________
Print Name:
Date:

What is a Florida Lease Agreement?

A Florida Lease Agreement is a legally binding contract executed between a landlord and a tenant to outline the terms of renting a residential or commercial property within the state. This document serves as the foundational legal record of the tenancy, detailing essential obligations such as the monthly rent amount, payment due dates, security deposit requirements, and the duration of the occupancy. It is utilized by property owners, property management companies, and tenants to ensure clarity regarding property usage and maintenance responsibilities. By signing this agreement, both parties consent to adhere to the stipulations set forth, which must comply with the Florida Residential Landlord and Tenant Act.

Legal Framework and Statutory Compliance

The governance of rental contracts in Florida is primarily dictated by the Florida Residential Landlord and Tenant Act, which is codified in Part II of Chapter 83 of the Florida Statutes. This comprehensive set of laws establishes the minimum standards for habitability, the rights of both parties, and the procedures for eviction. While landlords and tenants have the freedom to negotiate specific terms, any provision in a lease that waives or precludes the rights, remedies, or requirements set forth in this Act is considered void and unenforceable.

In addition to state statutes, federal regulations play a critical role in the validity of a lease. The Federal Fair Housing Act prohibits discrimination in the rental market based on race, color, national origin, religion, sex, familial status, or disability. Furthermore, for properties constructed prior to 1978, federal law mandates the inclusion of a lead-based paint disclosure. Failure to adhere to these federal and state legal standards can result in financial penalties and legal liability for the property owner.

Mandatory Disclosures in Florida

Florida law requires specific information to be disclosed to the tenant either within the lease agreement itself or as a separate addendum. These disclosures ensure that the tenant is fully informed about the condition of the property and the handling of their funds.

  • Radon Gas Notification: Under Florida Statute 404.056, every rental agreement must contain a specific warning statement about radon gas, informing the tenant that radon is a naturally occurring radioactive gas that may present health risks.
  • Security Deposit Details: If a landlord requires a security deposit, they must notify the tenant in writing within 30 days of receipt regarding where the money is being held, whether it is in an interest-bearing or non-interest-bearing account, and the name of the depository institution.
  • Landlord Identity: The agreement must disclose the name and address of the landlord or a person authorized to act on behalf of the landlord for the purpose of receiving legal notices and demands.
  • Lead-Based Paint: As per federal requirements, landlords renting out units built before 1978 must provide a disclosure regarding the presence of lead-based paint and a pamphlet on lead poisoning prevention.

Security Deposits and Rent Regulations

Unlike some jurisdictions, Florida does not impose a statutory cap on the amount a landlord may request for a security deposit. However, the return of these funds is strictly regulated. Upon the vacation of the premises, if the landlord does not intend to impose a claim on the security deposit, they must return the full amount within 15 days. If the landlord intends to make a claim for damages, they have 30 days to send a written notice via certified mail to the tenant's last known address.

Regarding rent, the state does not enforce rent control, allowing landlords to charge market rates. Late fees are permissible but must be explicitly stated in the lease agreement to be enforceable. Florida law does not mandate a specific grace period for rent payments; therefore, rent is considered late the day after it is due unless the contract specifies otherwise.

Landlord Access and Tenant Privacy

Tenant privacy is protected under Florida Statute 83.53. A landlord may enter the dwelling unit to inspect the premises, make necessary or agreed repairs, supply agreed services, or exhibit the unit to prospective purchasers or tenants. However, except in cases of emergency or when the tenant has abandoned the premises, the landlord must provide reasonable notice before entry. The statute defines reasonable notice as at least 12 hours prior to the entry, and the entry must occur between 7:30 a.m. and 8:00 p.m.

FAQs

Yes, a verbal lease agreement is generally valid in Florida for tenancies of less than one year. However, written agreements are strongly preferred because verbal contracts are difficult to prove in court if a dispute arises regarding the specific terms of the tenancy.
Under Florida law, either the landlord or the tenant must provide at least 15 days' written notice prior to the end of the monthly period to terminate a month-to-month tenancy. Failure to provide this notice may result in the lease automatically renewing for another month.
Florida allows tenants to withhold rent under specific circumstances if the landlord fails to maintain the premises in a habitable condition. The tenant must first provide written notice to the landlord citing the non-compliance and allowing seven days for the issue to be resolved before withholding rent.
Surprisingly, Florida state law does not explicitly list air conditioning as a required essential service for habitability, unlike heat and running water. However, if the lease agreement states that air conditioning is provided, the landlord is legally obligated to maintain it in working order.
If a tenant breaks a lease early without legal justification, they may be liable for the remaining rent due under the lease term. However, many agreements include a liquidated damages clause or an early termination fee, typically limited to two months' rent, which releases the tenant from further financial obligation upon payment.
There is no specific statutory limit on the amount a landlord can charge for late fees in Florida. However, late fees must be considered "reasonable" by a court and must be clearly outlined in the signed lease agreement to be enforceable.

Not the form you're looking for?

Try our legal document generator to create a custom document

Community Discussion

Share your experience and help others

0

Comments (0)

Leave a Comment

Your email will not be displayed publicly. It is used for validation purposes only and will never be used to send unwanted emails or sold to third parties.

No comments yet. Be the first to comment!

Legal Notice: Comments are personal opinions and do not constitute legal advice. Always consult a qualified attorney for matters specific to your situation.