Free Florida Residential Lease Agreement

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Table of Contents:

What is a Florid Lease Agreement
Florida Lease Agreements Common Uses
How to Write a FL Lease Agreement
Florida Lease Agreement Laws
Florida Lease Addendums and Disclosures
Florida Lease Agreement Sample
Other Real Estate Documents
Florida Residential Lease Agreement FAQs

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.

Move-in Checklist

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.

Residential Lease Agreement Florida Sample

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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?

Yes, the law regulates the provisions that can be provided in a residential lease agreement.

This means the landlord cannot add any eviction conditions, 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.

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!

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Preview of your Florida Residential Lease Agreement

Florida
Residential Lease Agreement

THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART II, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE.

This Lease Agreement (hereinafter the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (the "Landlord") and the following residents:

_________

(The "Tenant(s)")

The Landlord and the Tenant(s) agree as follows:

1. PROPERTY AND OCCUPANTS

A. The Landlord is the owner of certain real property and improvements described as a house (hereinafter, the "Property") located at _________, _________, Florida _________. The Property is further described as follows: _________.

B. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the Property according to the terms and conditions described in this Lease Agreement (hereinafter, the “Lease Agreement”).

C. Unless otherwise indicated in the Lease Agreement, no other portion of the building (hereinafter, the “Building”) is included in the Lease.

D. The Property is for the sole use as a personal residence by the person(s) named above only.

2. TERM

The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date"), and will terminate on _________ (hereinafter, the "Termination Date").

The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:

(i) The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement.
(ii) Mandated by local rent control law.
(iii) The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate.

In this case, the Tenant(s) may terminate the tenancy by giving written notice at least 15 days prior to the intended termination date. The Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. Rent shall be at a rate agreed to by the Landlord and the Tenant(s), or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.

3. MANAGEMENT

The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs or maintenance of the Property.

If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:

Address: _________
Telephone: _________
Email: _________

4. RENT

The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease. The full month's rent is due and payable not later than the first day, and is delinquent on the next day. If that day falls on a legal holiday, the rent is due on the next business day.

Please Take Notice that mail delays will not excuse the Tenant(s)’s obligation to pay the rent on a timely manner.

Place of Payment:

The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the Landlord and make all amounts payable to the following address:

_________

The landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.

Please Take Notice that you must place the Property address and the Tenant(s)’s name on all payments.

Method of Payment:

The Tenant(s) shall pay all rent by selecting any of the following forms of payment (select one or more):

5. OCCUPANTS

During the Term of this Lease Agreement, the only individuals the Tenant(s) may permit to reside on the Property are the following:

_________

Unless otherwise consented by the Landlord, there shall be no more than _________ person(s) residing on the Property. All the provisions of the Lease Agreement are binding, individually, collectively, and severally, on each person occupying the Property, whether they are Tenant(s) or Occupants of the Property.

The Tenant(s) may not permit any guest to stay on the Property longer than _________ consecutive day(s) or _________ day(s) in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances.

The amount of time the Tenant(s)'s guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ day(s) without Landlord's written permission, whichever is less.

6. USE OF PROPERTY

The Tenant(s) shall occupy and use the Property exclusively as a residential dwelling unit. No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternate use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with an alternate use of the property.

Any material breach of this provision by the Tenant(s) constitutes valid grounds for eviction or lease termination.

7. ABSENCES

If the Tenant(s) vacates the Property for a prolonged time-period or abandons it, such Tenant(s) shall notify the Landlord in advance or the Landlord shall immediately have the right to terminate the Lease Agreement and remove all belongings, including any personal items off of the Property. No notice shall be given to the Tenant(s) by the Landlord to enter the Property if the Tenant(s) has abandoned or surrendered the Property.

Any material breach of this provision by the Tenant(s) constitutes valid grounds for eviction or lease termination.

8. MAINTENANCE

The Landlord shall be responsible for compliance with Florida Statutes §83.51 (Landlord's obligation to maintain Property), and will have the responsibility to maintain the Property at all times and perform all repairs reasonably necessary to meet the implied warranty of habitability of the Property, that is, that the property is in a safe and livable condition.

In accordance with Florida Statutes §83.52, during the Term of this Lease Agreement and any renewal thereof, Tenant(s) shall:

(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
(2) Keep that part of the Property which he or she occupies and uses clean and sanitary.
(3) Remove from the tenant's dwelling unit all garbage in a clean and sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any part of the Premises or Property therein belonging to the landlord nor permit any person to do so.
(7) Conduct himself or herself, and require other persons on the Property with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.

9. REPAIRS

All requests for repairs must be in writing and delivered to the Landlord or Property Manager. Only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, the Tenant(s) may call the Landlord.

The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord’s permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at the Landlord’s sole discretion.

The Landlord does not have a duty to repair or remedy a condition if:

(1) The Tenant(s) is delinquent in rent at the time a repair notice is given.
(2) The condition was caused by the negligent or wrongful act or omission of the Tenant(s), a member of the Tenant(s)'s family, or a guest or invitee of the Tenant(s) (unless the condition was caused by normal wear and tear), in accordance with Florida Statutes §83.51(4).

The parties agree that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities).

If, in an emergency, it shall become necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse Landlord for the cost of making such repairs.

10. UTILITIES AND SERVICES

The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.

11. HAZARDOUS MATERIALS

The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.

12. LANDLORD ACCESS TO PROPERTY

The Landlord and the Landlord's agents shall have the right at all reasonable times, and by all reasonable means during the term of this Lease Agreement and any renewal thereof, to enter the Property for the following purposes:

(i) Survey the Property’s condition and take photographs to document the condition.
(ii) Make repairs or improvements to the Property.
(iii) Supply agreed services.
(iv) Show the Property to prospective buyers or tenants.
(v) Exercise a contractual or statutory lien.
(vi) Leave a written notice.
(vii) Seize nonexempt property if the Tenant(s) is in default.

Except in case of emergency, the Landlord will give the Tenant(s) reasonable notice of intent to enter. For these purposes, twenty-four (24) hour written notice will be deemed reasonable.

13. RADON GAS NOTIFICATION

As required by law, Landlord makes the following disclosure: “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.

14. LIENS

The interest of the Landlord shall not be subject to liens for improvements by the Tenant(s) as provided in Florida Statutes § 713.10. The Tenant(s) shall notify all parties performing work on the Property at the Tenant(s)'s request that the Lease does not allow any liens to attach to Landlord’s interest.

15. ASSIGNMENT / SUBLETTING

The Tenant(s) shall not, without the prior written consent of the Landlord, which may be withheld at the Landlord's sole discretion, voluntarily or involuntarily assign, mortgage, encumber or hypothecate this Lease or any interest herein or sublet the Property or any part thereof.

The Tenant(s) is specifically prohibited from offering all or part of the Property for short-term rental such as through Airbnb, Vrbo, or other such sites or programs. Any advertising or on-line postings as well as actual rentals of the Property to vacation or short-term guests shall constitute a material breach of this Lease Agreement.

Any person who is not a tenant who occupies any portion of the Property, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment which is a substantial and material breach of this Lease Agreement.

16. NOTICES

Notice required by statute will be given in accordance with the applicable statute. All other notices shall be deemed sufficient if made as follows:

(i) All notices to the Landlord shall be directed by personal delivery or first class mail to the Landlord at the appropriate address set forth below, until Tenant(s) is notified, in writing, to the contrary.
(ii) All notices to the Tenant(s) shall be directed by personal delivery or first class mail to the Tenant(s) at the leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.

Landlord:

_________
_________

Tenant:

_________
_________, _________, Florida _________

Such addresses may be changed from time to time by any party by providing notice as set forth above.

17. VENUE AND GOVERNING LAW

Exclusive venue is in the county where the Property is located. This Lease Agreement shall be governed, construed and interpreted by the Laws of the State of Florida.

IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.

LANDLORD:

By: ____________________________ Date: ______________
_________
_________

TENANT:

By: ____________________________ Date: ______________
_________

Florida Statutes Section 83.67. Prohibited practices

(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.
(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any boot lock or similar device.
(3) A landlord of any dwelling unit governed by this part shall not discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement.
(4) A landlord shall not prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and 1/2 feet by 6 feet, respectfully in or on the dwelling unit regardless of any provision in the rental agreement dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The landlord is not liable for damages caused by a United States flag displayed by a tenant. Any United States flag may not infringe upon the space rented by any other tenant.
(5) A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the landlord shall not remove the tenant's personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant's personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form:

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.

For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c).
(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.
(7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief.
(8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3).

Copy of Current Version of the Florida Residential
Landlord and Tenant Act, Part II, Chapter 83
Florida Statutes Should Be Attached

RESIDENTIAL LEASE
Inspection Checklist

Address: _________, _________, Florida _________

The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:

	SATISFACTORY	COMMENTS
Bathrooms	_________	_________________________
Carpeting	_________	_________________________
Ceilings	_________	_________________________
Closets	_________	_________________________
Countertops	_________	_________________________
Dishwasher	_________	_________________________
Disposal	_________	_________________________
Doors	_________	_________________________
Fireplace	_________	_________________________
Lights	_________	_________________________
Locks	_________	_________________________
Refrigerator	_________	_________________________
Screens	_________	_________________________
Stove	_________	_________________________
Walls	_________	_________________________
Windows	_________	_________________________
Window coverings	_________	_________________________
_________	_________	_________________________
_________	_________	_________________________

_____________________

Date