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A Florida residential lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of renting a property. This agreement is governed by Florida landlord-tenant law and includes essential details such as lease duration, rent payment, late fees, security deposits, and required disclosures.

Required Disclosures

Florida law mandates specific disclosures that must be included in all residential lease agreements:

  1. Landlord’s Name and Address: Landlords must provide their name and contact information, including additional contact details for authorized agents, to ensure smooth communication regarding the rental property.

  2. Lead-Based Paint Disclosure: For properties built before 1978, landlords are required to disclose the potential presence of lead-based paint and provide tenants with an Environmental Protection Agency (EPA) pamphlet detailing the risks associated with lead exposure.

  3. Radon Disclosure: All Florida lease agreements must include the following language regarding 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.

Security Deposit Laws

  • Maximum Amount: There is no statutory limit on the amount a landlord can charge for a security deposit.

  • Returning to Tenant:

    • If there are no deductions, the landlord must return the security deposit within 15 days of lease termination.
    • If there are deductions, the landlord must return the deposit within 30 days, along with an itemized list of any withheld amounts.

  • Security Deposit Disclosure: The lease must include the following language in capital letters:

    YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

Rent Payment Laws

  • Grace Period: Florida law does not provide a grace period for rent payments.

  • Maximum Late Fee: Late fees must be reasonable and explicitly stated in the lease agreement. There is no statutory limit on the amount of late fees that can be charged.

  • NSF Fees: Landlords may charge the following fees for bounced checks:

    • $25 for checks of $50 or less
    • $30 for checks of $300 or less
    • $40 for checks of $800 or less
    • 5% for checks greater than $800

Lease Duration

In Florida, residential leases can be of any duration. Oral lease agreements are enforceable for periods of less than one year, while leases exceeding one year must be in writing and signed in the presence of two witnesses.

Notarization

Lease agreements do not need to be notarized in Florida.

Automatic Renewal

Leases can automatically renew if a renewal clause is included. Landlords must notify tenants 30 days before the lease period ends if they wish to terminate the lease.

Landlord’s Right of Entry

Landlords must provide at least 24 hours’ notice before entering the premises for repairs or inspections.

Property Repairs

Landlords are responsible for ensuring that rental units comply with building, housing, and health codes, while tenants must maintain the property in a clean and compliant condition.

Termination of Lease

To terminate a month-to-month tenancy, a 30-day notice is required.

FAQs

In Florida, a residential lease agreement must include the landlord’s name and address, a lead-based paint disclosure for properties built before 1978, and a radon gas disclosure. These disclosures ensure tenants are informed about potential health risks and the identity of their landlord.

Florida has no maximum limit on security deposits. Landlords must return the deposit within 15 days if there are no deductions and within 30 days if there are deductions, along with an itemized list of any withheld amounts. Additionally, landlords must provide a written disclosure regarding how the security deposit will be held.

No, Florida law does not require a grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords can issue a 3-day notice to quit if rent is not paid on time.

No, lease agreements in Florida do not need to be notarized to be legally binding. However, both parties must sign the lease for it to be enforceable.

Failure to include mandatory disclosures in a Florida lease can result in legal penalties for the landlord, including potential denial of eviction rights and fines. Disclosures are crucial for informing tenants about health and safety issues.

Yes, a lease can automatically renew in Florida if it includes a renewal clause. If the landlord continues to accept rent payments after the original lease term ends, the lease is considered to continue as a periodic arrangement.

Florida law does not specify a maximum amount for late fees; however, they must be reasonable and clearly stated in the lease agreement. A late fee of $20 or 20% of the rent, whichever is greater, is generally considered reasonable.

Landlords must provide a lead-based paint disclosure form and an EPA-approved pamphlet about the dangers of lead-based paint for all rental properties built before 1978. This is a federal requirement to protect tenants from potential health risks.