Florida Lease Agreements

Last updated March 20th, 2024

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A Florida lease agreement is a legal document that outlines the terms of renting a property between a landlord and tenant. The tenant must submit a rental application containing personal information and consent for a credit report check as part of the process

Rental Application – A Rental Application serves as a crucial tool utilized by landlords or agents to authenticate the credentials of prospective tenants, which includes their employment history, credit score, and personal information. This document plays a significant role in ensuring that a tenant is a suitable candidate for a rental property.

Types of Agreements

Standard Lease Agreement is an agreement between parties for a fixed duration, typically one year.
Association of Realtors Agreement – The Florida Association of Realtors has approved a standard residential agreement that is widely recognized in the industry.
BAR Association Lease Agreement – The Lease Agreement provided by the Florida BAR Association is a legal document that has been specifically designed for use by landlords. This form serves as a comprehensive and reliable resource, offering guidance on the legal and practical aspects of leasing property within the state of Florida.
Commercial Lease Agreement form is for a retail, office, or industrial property requiring leasing for business purposes, this agreement is the perfect solution.
Month-to-Month Lease Agreement (as 34.03.290(b)), either party is allowed to cancel the arrangement with a notice period of at least 30 days.
Rent-To-Own Lease Agreement, is a residential lease that includes an option to purchase the property during an agreed-upon period by both parties.
Room (roommate) Rental Agreement, a cohabitation agreement for housemates to establish a shared living space and allocate payment for utilities.
Sublease Agreement, a tenant has the right to sublet their rental unit to another person, who will take over the lease under the same conditions with the landlord’s approval.


Identification – It is imperative that the lease agreement contains the name and contact information of a designated point of contact for the tenant. This individual’s address, phone number, or email should be provided to ensure effective communication between the two parties. Such a provision will serve to facilitate prompt and efficient resolution of any potential issues that may arise during the tenancy period.
Lead-Based Paint Disclosure Form – As mandated by federal law, landlords are required to provide tenants with a Lead-Based Paint Disclosure prior to the commencement of their tenancy. It is imperative that this requirement is fulfilled in accordance with the aforementioned legislation to ensure compliance and the safety of tenants.
Disclosure – Florida lease agreements must include a disclosure regarding radon (§ 404.056).
Security Deposit Disclosure – Incorporate the subsequent statement, utilizing CAPITAL LETTERS, into the lease agreement if a security deposit is deemed necessary.
Security Deposit Receipt – Pursuant to § 83.49, landlords are required to provide written notice to tenants within thirty (30) days of receiving a security deposit. The notice must include information about where the deposit is being held and whether it is an interest-bearing account. This requirement is in place to ensure tenants are informed about the status of their security deposit and to promote transparency in the landlord-tenant relationship.

Security Deposits

Maximum – Landlords are allowed to request any amount of money from their tenants, as there is no maximum limit set on the amount that they may ask for.
Return – 15-day return period if no deductions, 30 days if deductions.

Grace Period

In the state of Florida, the lease agreement stipulates that rent is due on the first day of each month. It is imperative to note that there is no grace period for rental payments, as per Section 83.46(1).
Consequently, should a tenant fail to remit their rent payment by the due date, the landlord is within their legal rights to issue a 3-day notice to quit, thus initiating the eviction process.

Late Fees

Landlords are permitted to levy a late fee that is deemed reasonable and fair, provided that it is explicitly stated in the lease agreement. This is in accordance with section 83.45 of the governing regulations.
It should be noted that the amount of the late fee should be reasonable and not excessive, and must be outlined in the lease agreement. This information is important for tenants to be aware of, as it outlines their obligations and responsibilities in terms of timely rental payments.
Right to Enter
The landlord must give at least 12 hours’ notice before entering the tenant’s property and may only enter between 7:30 a.m. and 8:00 p.m.
The landlord is permitted to enter the rental property in the following circumstances: with the tenant’s consent, in case of an emergency, if the tenant is unreasonably withholding consent, or if the tenant is absent from the property for half of the time-frame for periodic payments.