Free Florida Residential Lease Agreement
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What is a Florid Lease Agreement
A lease agreement is a legally binding contract between a landlord and a tenant. In Florida these allow both parties to comply with a series of set terms for a specified number of months or years.
However, whilst Florida lease agreements are sometimes referred to as rental agreements these two legal documents are distinctly different from one another. Rental agreements instead are more flexible contracts that can be renewed, amended, or canceled at the end of each rental term (in Florida this is done on a monthly basis).
Florida Lease Agreements Common Uses
Florida rental lease agreements can be used in many different circumstances. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.
The most common types of lease agreements in Florida include:
Standard lease agreements: Standard agreements set out the terms of the lease and the responsibilities of both parties for a fixed duration of time (specified in the contract).
Month-by-month agreements: A month-to-month agreement (more commonly known as a rental agreement) allows tenants to flexibly rent a property either temporarily or longer-term, with the contract being renewed and reviewed every month.
Room rental agreements: This kind of room rental contract is designed to allow tenants to rent a single room in a multi-occupant property where living spaces such as kitchens and bathrooms are shared between multiple people.
Commercial agreements: A commercial agreement permits a landlord of a commercial property to lease the premises to a business to operate out of.
Condo or mixed unit agreements: This kind of agreement can be used by landlords of properties with multiple rental units such as condominiums, duplexes, mobile homes, and cooperatives.
Sublease Agreement: The purpose of a sublease agreement is to allow a tenant to rent out the property they are currently renting to another individual, known as a subtenant.
How to Write a FL Lease Agreement
To create a well-written Florida Lease Agreement that will be considered legally binding it’s critical to include all the key information and terms.
Follow the steps below to draft your Lease Agreement that complies with Florida legislation.
Include parties involved: Both the landlord’s and tenant's (or tenants') names must be included in this section.
List the property’s address and use: The address of the property must be listed along with an acknowledgment of its use.
Specify the lease term: Both the start and end dates have to be clearly stated and what happens at the end of the lease.
Cite payment and fees: The price of rent and method of payment is listed in this section along with the due date of rent along with any late fees.
Include deposit information: The price of the security deposit that the tenant needs to pay the landlord is included here. Additionally, the number of days the landlord has to return the deposit should also be included.
List the occupants: Any occupants (non-paying residents) residing on the premises are named in this section of the lease.
Define who pays for utilities: Any utilities paid for by the tenant and/or landlord are mentioned in this section.
List the furnishings on the property: If the property is furnished, the list of furnishings is added to this part of the agreement.
Cite the governing law: The agreement specifies that it will be governed under Florida state law.
Add signature section: To make the agreement official both parties must sign the document. In this section, the signing date, along with each party’s name and signature will be added.
By using our Florida Lease Agreement template you can draft this entire document in minutes without any mistakes.
Florida Lease Agreement Laws
When renting a form of real estate in Florida there are a few specific laws you must be extra mindful of. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.
The most important laws in Florida to consider when you are renting a property include the following.
Landlord’s right to enter
Florida law requires landlords to provide 12 hours’ notice to tenants before entering the property for repairs or inspections (FL Stat. § 83.53(2)).
That means if you’re a landlord, and you show up without proper notice your tenant can file a complainant against you.
Tenants must be provided with a rental inspection checklist when moving into the property.
This means that damages to the property before the tenant arrives must be accounted for.
Once the move out time arrives, you and the other party in the agreement will perform a walk through of the property checking for any new damages.
Late Fees in Florida
Late fees in Florida must be both reasonable and cited in the Residential Lease Agreement (FL Stat. § 832.062).
A late charge of $20 or 20% of the rental price, whichever is greater, is considered to be reasonable in Florida.
Security Deposits in Florida
There is no set upper limit on how much landlords may charge for a security deposit. However, it is common practice to charge 1-2 months rent (FL Stat. §83.49).
Assuming no deductions are made, the deposit must be returned to the tenant within 15 days of the move-out date. If deductions are made it must be returned within 30 days with an itemized list of any withheld amounts (FL Stat. §83.49 (3)(a)).
Florida Lease Addendums and Disclosures
A Florida lease agreement must contain a number of specific sections that inform and disclose important safety and legal information to the tenant. These essential addendums include the following:
Lead paint disclosure: All properties built before 1978 must contain a special paragraph informing the tenant whether lead-based paint can or cannot be found on the property and must disclose its location if it is present.
Radon gas disclosure: Florida properties must include an addendum that advises on the potential presence of high levels of radon gas and its dangers (FL Stat. § 404.056).
Security deposit holding disclosure: A section must be added advising the tenant on how the security deposit will be collected and stored, as well as informing the resident of key rules that apply in Florida regarding the deposit.
Landlord’s address disclosure (Identification): The agreement must contain a section or addendum that informs the tenant of the contact information of the main person who can be called upon for any repairs or issues with the property (FL Stat. § 83.50(1)). This may be the landlord or someone appointed to act on their behalf.
Florida Lease Agreement Sample
Florida lease agreements can seem complicated at a first glance and it can help to review an example template before filling in your own contract.
Use our Florida lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.
Florida Residential Lease Agreement FAQs
There are a lot of important rules and regulations to consider when creating a binding Florida lease agreement. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in Florida.
Is a 2-Year Lease in Florida Legal?
Yes, a Lease Agreement in Florida may last up to 2 years. There is no law in Florida that prohibits a Residential Lease Agreement to be 2 years or longer.
However, if you decide to create a Residential Lease Agreement that is longer than 1 year it must be in writing.
It is recommended to create a Lease Agreement of any length in writing, however, it is only obligatory when the term will be over a year in duration.
Does Law Regulate the Provisions in a Lease?
Does a Lease Agreement Need to be Notarized in Florida?
Each state has its own requirements when it comes to signing legal forms, including getting certain documents notarized.
In the state of Florida to sign a Residential Lease Agreement it is not necessary to notarize your contract.
However, it is a good idea to do so anyway as it adds validity to the agreement in a court of law.
You are only a few steps away from your own Florida Lease Agreement!