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Florida Residential Lease Agreement
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Florida Rent-to-Own Lease Option
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Florida Association of Realtors Lease
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Florida Condominium (Condo) Lease
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Law Alert ⚖️
- In Florida, for rental properties with a lease duration of more than 1-year, the rental lease agreement contract must be in writing to be legally binding.
- Fireproofing and fire protection systems – Landlords must give tenants information about fire protection in buildings over 3-stories. Fla. Stat. § 719.616
- Rent Control – Zero rent control laws in Florida.
What’s included in the Florida Rental Lease Agreement Form?
The following information provides an in-depth overview of whats included in this Florida residential lease agreement form:
- Required Disclosures Forms
- Security Deposit Requirements
- General Rights and Duties
- Paying Rent and Late Fees
- Eviction Laws
- Abandonment Laws
- Utilities Responsibility
- Military Clause
Required Disclosures Forms
- Landlord/Owner Identification and Contact Information – The full mailing address for the landlord/owner must be included in order for tenants to send notices.[1]
- Lead-Based Paint Disclosure Form – This form must be given to tenants if the rental unit was built before 1978.[2]
- Radon Disclosure Form – Radon is a colorless, odorless, radioactive gas that can cause health problems such as lung cancer.
The radon disclosure form must include the following statement:
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. [3]
- Security Deposit Disclosure Form – This form provides transparency on how the tenants money will be handled during and after the lease.[4]
Security Deposit Requirements
- Maximum amount – Landlords are allowed to request any amount of money from tenants as there is no maximum limit set on the amount that they may ask for under Florida law.
- Returning to tenant – 15-day return period for no deductions. 30-Day period for deductions and must include a written list.
- Conditions for withholding – Must return the remaining deposit to tenant within 30 days if there are any deductions.[5]
General Rights and Duties of Landlords and Tenants
- Landlord Required Responsibilities – The landlord must make the rental unit habitable and adhere to the health and safety codes. The landlord must install working smoke detectors prior to the tenants moving in. Landlords must maintain the rental units pest control.
- Tenant Required Responsibilities – Renter’s renting a home in Florida will need to purchase renters insurance if the landlord requires renters insurance. The tenant must keep the rental property clean, dispose of any waste/trash/recycling, adhere to all housing codes and not disturb neighbors (loud noise/parties).[6]
Paying Rent and Late Fees
Maximum late rent fees – The late fee amount must be “reasonable”.[7]
Grace Period – Thee (3) day notice (exclude weekends and legal holidays).
Grace Period for Tenants in Public Housing (hud.gov) – Fourteen (14) Day Notice (exclude weekends and legal holidays).
NSF Fees – 5% for checks $800 or more and for amounts below are the following:
| Check Amount | NSF Fee |
| $50 or less | $25 |
| $300 or less | $30 |
| $800 or less | $40 |
Eviction Laws
The landlord/property owner must file (Landlord Tenant Eviction Forms) with the local county when starting the eviction process unless the tenant has surrendered possession of the rental unit. Tenants cannot be kicked out or locked out of rental unit without a sheriff’s order. [8]
Abandonment Laws
The tenant must abandon the rental unit for the amount of time that equals 1/2 of the rent for that period (monthly rentals; divide 30 days by 2 = 15 days).[9]
Utilities Responsibility
In Florida, utility payments (electricity, water, gas, and internet) must be written in the lease agreement. State law doesn’t mandate who pays, therefore landlords and tenants must negotiate and outline the responsibilities in writing.[10]
- Lease Agreement – State which utilities the tenant or landlord will be responsible for.
- Landlord’s Duties – Landlords must maintain a habitable property with working plumbing, electricity, and heating that meet the local health and safety codes.
- Illegal Actions – Landlords cannot shut off utilities to evict tenants as this is against the law and punishable.
Military Clause
- Service members can end rental agreements with 30 days’ notice and military orders. It applies to moves, discharge, or long-term duty.
- Families can end the lease if the service member dies on duty.
- Tenants pay only prorated rent, with no penalties, and the law can’t be changed by agreements.[11]
Sources
Florida Rental Income Taxation Laws
-
- Federal Tax – Rental income is federally taxed including midterm rentals, also called “transient rental accommodations” (lease under 6-months). floridarevenue.com
- Deductions – Property owners can deduct the mortgage interest and property taxes from expenses.
- Exemptions – Tenants who enter a bona fide written lease for a period longer than six (6)months.
- Trailer Camps, Recreational Vehicle Parks, and Mobile Home Parks – Taxable unless 50% is occupied for longer than three (3) continuous months. Property owner then must file the Declaration of Taxable Status – Trailer Camps, Mobile Home Parks, and Recreational Vehicle Parks (Form DR-72-2).
How to Fill Out a FL Rental Lease Agreement Form?
Step 1: The Parties
First enter the day of the month the agreement was made on then enter the year.
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Then enter the landlords full legal name and current mailing address and add the tenant(s) full names.
Step 2: Lease Type
- Enter the day and year the tenant is allowed to move-in and move-out of the rental unit.
- Check the option the tenant has for the end of the lease.
Step 3: The Occupant(s)
Check the correct box and add occupants (if any).
Step 4: The Property
Enter the rental property mailing address, residence type, number of bedrooms and bathrooms.
Sample Florida Rental Lease Template