Start a comprehensive and legally binding Florida lease agreement to rent real estate you own to one or more tenants. Get guidance on each step and expert tips with the help of our contract maker.
Last Update August 2nd, 2021
What is a Standard Lease Agreement
A standard 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-by-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 on a monthly basis.
Room rental agreements: This kind of 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.
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:
Security deposits: 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. 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.
Landlord’s right to enter: Florida law requires landlords to provide 12 hours’ notice to tenants before entering the property for repairs or inspections.
Move-in checklist: Tenants must be provided with a rental inspection checklist when moving into the property.
Further contact details: If the property is managed by anyone other than the landlord, tenants must be provided with their contact details so communications to the landlord can be properly handled.
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.
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: 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. This may be the landlord or someone appointed to act on their behalf.
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.
How to Write a FL Lease Termination Letter
In the event that a month-to-month Florida rental agreement needs to be terminated earlier than planned, written notice must be given. This can be done with an FL lease termination letter, which must provide at least 15 days’ notice of the end of the contract.
To write this letter effectively the party terminating the contract must include the following details:
The name and address of the person receiving the letter
The date of the letter
The date that the contract will end on
The terminating party’s signature
Does the Law Regulate the Provisions in a Lease?
Yes, the law regulates the provisions that can be provided in a residential lease agreement. This means the landlord cannot add additional provisions to processes such as eviction, fees that must be paid, and maintenance that do not adhere to the laws of the state of Florida or any laws that are set federally.
What Are the Advantages of a Written Lease?
It is highly recommended to create a residential lease agreement between a Florida landlord and tenant. This offers many advantages for both parties such as clarifying expectations of what the exact terms of the agreement will be, how long they will apply for, and it provides legal security should violations occur.