Florida

Laws ⚖️

  • Maximum Rental Application Fee – No limit.
  • Security Deposit Amount – Landlords can charge any amount as there are no maximum amounts in Florida.

Sources

  1. Florida Landlord-Tenant Forms

Sample Florida Rental Application Form 

PDF | WORD | EXCEL | ODT

FLORIDA RENTAL APPLICATION FORM

Property Address: _________________________________________________
Unit/Apartment Number (if applicable): ___________________________
Desired Move-In Date: ___________________________
Lease Term: ________________ months/years

Applicant Information

Full Name: ______________________________________________________
Date of Birth: ___________________________
Social Security Number (if applicable): ___________________________
Driver’s License/ID Number: ________________ State: ____________
Phone Number: ___________________________
Email Address: ___________________________
Current Address: _________________________________________________
City/State/ZIP: _________________________________________________
How Long at This Address? ___________________________
Landlord/Property Manager: ___________________________
Phone: ___________________________
Reason for Leaving: _________________________________________________
Previous Address: _________________________________________________
City/State/ZIP: _________________________________________________
How Long at This Address? ___________________________
Landlord/Property Manager: ___________________________
Phone: ___________________________
Reason for Leaving: _________________________________________________

Employment & Income Information

Current Employer: _________________________________________________
Employer Address: _________________________________________________
Position/Title: ___________________________
Supervisor’s Name: ___________________________
Phone: ___________________________
Length of Employment: ___________________________
Monthly Income (Gross): $___________________________
Previous Employer (if less than 1 year at current job): ____________________________________
Employer Address: _________________________________________________
Position/Title: ___________________________
Supervisor’s Name: ___________________________
Phone: ___________________________
Length of Employment: ___________________________
Monthly Income (Gross): $___________________________

Other Sources of Income

Source: _________________________________________________
Amount: $__________________________
Frequency: ___________________________
Co-Applicants/Occupants (18 years or older)
Full Name: ______________________________ Relationship: ___________
SIMPLE FORMS
Full Name: ______________________________ Relationship: ___________
Full Name: ______________________________ Relationship: ___________
Total Number of Occupants (including minors): ___________________________
Vehicle Information
Vehicle Make/Model: ___________________________ Year: ___________
License Plate #: ___________________________ State: ___________
Vehicle Make/Model: ___________________________ Year: ___________
License Plate #: ___________________________ State: ___________

Pets

Do you have pets? ☐ Yes ☐ No
If yes, describe (type/breed/weight): ___________________________________________

References

Personal Reference (non-family): ___________________________
Phone Number: ___________________________
Relationship: ___________________________
Emergency Contact: ___________________________
Phone Number: ___________________________
Relationship: ___________________________

Consent and Certification

I/we certify that the information provided in this application is true and complete to the
best of my/our knowledge. I/we authorize the landlord/manager to verify the information
provided, including credit history, employment, and rental history.

Applicant Signature: ____________________________________ Date: ___________
Co-Applicant Signature: _________________________________ Date: ___________

Right to Sublet

Florida law does not regulate subleasing. A written lease may allow it with conditions or prohibit it completely. If a landlord approval is needed, use a Landlord Consent Form.

Short-Term (Lodgings) Tax

  • In Florida, a short-term rental refers to a unit leased more than three (3) times per year for 30 days or fewer. [1]
  • The state has a 6% sales tax, with additional taxes by location. [2]
  • Many counties apply a sales and tourist tax, while some cities also charge a sales tax.
  • Operators must get a license from the Florida Department of Business & Professional Regulation.[3]

Sources

  1. Florida Statutes 509.013
  2. Florida Department of Revenue
  3. Florida Department of Business & Professional Regulation

Sample Florida Sublease Agreement Template

FLORIDA SUBLEASE AGREEMENT

1. THE PARTIES.

This Sublease Agreement (“Agreement”) is entered into on
__________________, by and between:
Tenant: __________________, with a mailing address of
____________________________________, who agrees to sublet to:
Subtenant: __________________, with a mailing address that is the same
as the property address. The Subtenant agrees to pay rent to the Tenant
in exchange for occupying the property.
Occupant(s): ____________________________________. An occupant
is a friend or family member allowed to reside on the property.

2. PROPERTY.

Address: ____________________________________
Type: ☐ Apartment ☐ House ☐ Condo ☐ Other: __________________
Bedroom(s): ____ Bathroom(s): ____

3. LEASE PERIOD.

Start Date: __________________
End Date: __________________
The Subtenant is permitted to occupy the property on the start date and must
vacate and return possession by midnight on the end date.

4. RENT.

The Subtenant agrees to pay the following:
Monthly Rent: $________
Due Date: ____ day of each month
Payment Instructions: ____________________________________.

5. FURNITURE. (check one)

☐ – Property is Not Furnished.
☐ – Property is Furnished. The property is furnished with the following items:

6. APPLIANCES. (check one)

☐– Property Has No Appliances.
☐– Property Has Appliances: (check all that apply)
☐– Air Conditioner(s)
☐– Dishwasher
☐– Microwave
☐– Refrigerator
☐– Stove/Oven
☐– Washing Machine & Dryer (for laundry)
☐– Other. ____________________________________.

7. SECURITY DEPOSIT. (check one)

☐– No Security Deposit.
☐– Security Deposit Required. $________ must be paid by the Subtenant at
the execution of this Agreement. The security deposit shall be returned to the
Subtenant within the return period required under Governing Law. Any damages
or losses caused by the Subtenant may be deducted from the security deposit. If
any deductions are made, an itemized list describing each deduction shall be
provided.

8. MOVE-IN INSPECTION. (check one)

☐– No Move-In Inspection.
☐– Move-In Inspection Required. Both the Tenant and Subtenant must complete a move-in inspection within 5 days from the start of the lease period. The inspection describes the property’s condition before move-in and must also be completed after the end of the lease period, which determines any damages caused by the Subtenant.

9. PRE-PAYMENT OF RENT. (check one)

☐– No Pre-Payment of Rent is Required.
☐– Pre-Payment of Rent is Required.
Pre-Payment Amount: $________
Pre-Payment Period:
Start Date:__________________
End Date:__________________

10. LATE RENT. If the Subtenant pays rent late, there is: (check one)

☐– No Late Fee.
☐– Late Fee: (check one)
☐– Fixed Amount. $________ for each ☐ occurrence ☐ day rent is late.
☐– Interest.____% per annum.

11. UTILITIES & SERVICES. (check one)

☐– Tenant Pays None. All utilities and services are paid by the Subtenant.
☐– Tenant Pays for Some. Tenant pays for:___________________________.
All other utilities and services shall be paid by the Subtenant.
☐– Tenant Pays for All. All utilities and services that are currently provided to
the property shall be paid by the Tenant.

12. PARKING. (check one)

☐– No Parking Provided.
☐– Parking is Provided.

____ parking space(s) provided with: (check one)
☐– No Fee.
☐– Fee (describe). ____________________________________.

13. PETS. (check one)

☐– No Pets Allowed.
☐– Pets are Allowed.
Number of Pets: ____
Types: ____________________________________.
Maximum Weight (per pet): ____ Pounds
Deposit (for all pets): $________
☐ refundable ☐ non-refundable
14. SMOKING POLICY. (check one)
☐– Smoking is Not Allowed. Smoking is not allowed on the property.
☐– Smoking is Allowed: (check one)
☐– In All Areas.
☐– Specific Areas:____________________________________
15. LANDLORD’S CONSENT. (check one)
☐– Tenant Has Consent. The Tenant has consent from the landlord to sublet
the property.
☐– Tenant Does Not Have Consent. The Tenant does not have consent from
the landlord to sublet the property. However, upon executing this Agreement, the
Tenant agrees to request consent from the landlord. If written consent is not
obtained from the landlord within five (5) days, this Agreement shall terminate
within any money paid to the Tenant to be refunded.

16. NOTICES. If notice is sent by either party, it shall be sent to:

Tenant. (check one)
☐– The address mentioned in Section 1.
☐– ____________________________________.

Subtenant. (check one)
☐– The address of the property.
☐-____________________________________.

17. SUBLETTING. (check one)

☐– No Subletting Allowed. The Subtenant is not allowed to sublet the property
unless written consent is granted by the Tenant.
☐– Subletting is Allowed. The Subtenant is allowed to sublet the property.

18. LEAD-BASED PAINT. (check one)

☐– No Lead-Based Paint. The property was constructed after January 1, 1978;
therefore, no lead-based paint or hazard disclosures are required.
☐– Lead-Based Paint Disclosures. The property was constructed before
January 1, 1978; therefore, the Tenant must provide a lead-based paint or
hazards disclosure and the “Protect Your Family From Lead in Your Home”
brochure provided by the EPA.

19. LIABILITY.

The Subtenant agrees to surrender and deliver to the Tenant the
property, including all furniture, appliances, and decorations within the property,
in the same condition as they were at the beginning of the lease period, with
reasonable wear and tear excepted. The Subtenant is liable to the Tenant for any
damages occurring to the property, either by deducting from the security deposit
or billing separately. All actions conducted by any guests of the Subtenant are
the responsibility and liability of the Subtenant.

20. GUESTS.

There is no other person(s) living on the property other than the Subtenant and the Occupant(s). Guests of the Subtenant are allowed for periods not lasting for more than forty-eight (48) hours unless otherwise approved by the Tenant.

21. MASTER LEASE.

This Agreement must follow and is subject to the original lease agreement between the Tenant and landlord, a copy of which has been attached and is hereby referred to and incorporated as if it were set out here at length (“Master Lease”). The Subtenant agrees to assume all of the obligations and responsibilities of the Tenant under the Master Lease for the duration of the Agreement. All disclosures and statements required by the state and listed in theMaster Lease are made part of this Agreement and, when attached, will be considered disclosed to the Subtenant in accordance with state and local laws.

22. DISPUTES.

If a dispute arises during or after the term of this Agreement between the Tenant and Subtenant, they agree to negotiate amongst themselves before any litigation, arbitration, or mediation.

23. WRITTEN AGREEMENT.

This Agreement constitutes the sole agreement between the Tenant and Subtenant with no additions, deletions, or modifications that may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this lease are not legally valid and, therefore, are not binding upon either party.

24. GOVERNING LAW.

This Agreement is bound to the laws in the jurisdiction where the property is located.

25. ADDITIONAL TERMS & CONDITIONS.

________________________________________________________.

26. SEVERABILITY.

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions will remain in full force and effect and in no way be affected, impaired, or invalidated.

27. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of all parties on these matters, superseding any previous agreement between them.

Tenant Signature:______________________________ Date:___________
Print Name:______________________________
Subtenant Signature:______________________________ Date:___________
Print Name:______________________________
Subtenant Signature:______________________________ Date: ___________
Print Name: ______________________________

What is a Room Rental Lease Agreement?

A Florida Room Rental Agreement is a contract between a landlord and a tenant (sub-tenant) renting a room in a property. It includes the responsibilities of both parties. [1]

What to include in a Room Rental Agreement?

  1. Parties: Full legal names of the landlord and tenant.
  2. Room Description: Details about the room being rented.
  3. Rent: Amount, due date, and methods on how to pay.
  4. Security Deposit: Deposit amount and the rules for returning it.
  5. Utilities: Who pays or how the split is for electricity, water, and internet.
  6. Repairs and Maintenance: Who takes care of repairs and cleaning.
  7. House Rules: Behavior rules including guests, pets, and noise.
  8. Access to Common Areas: Rules for shared spaces (kitchen/bathroom).
  9. Subletting: State whether the new tenant/roommate can sublet the room or add additional roommates.
  10. Notice to End Agreement: How much notice is needed to move out.
  11. Keys: Who holds keys to the room and shared areas.
  12. Signatures: Both parties sign and date the agreement.

Sources

  1. findlaw.com

Sample Florida Room (Roommate) Rental Lease Agreement Template

Florida Leasing Laws

Landlord-Tenant Relationship Laws: Title 6, Chapter 83 (Landlord and Tenant)

Rent-to-Own / Purchase Agreement Laws: Title 40 (Real and Personal Property)

Sample Florida Lease-to-Own Option to Purchase 

What are tenants’ rights without a lease in Florida?

Tenants in Florida without a formal written lease agreement, also called “tenants at will” or “tenants without a lease,” still have legal rights under Florida law. These rights depend on whether the tenant has a month-to-month rental agreement or is living in a rental property without any formal lease agreement.

Below are key rights for tenants without a lease in Florida:

Tenancy Status: Month-to-Month vs. Implied Tenancy

Summary (Florida Statutes § 83.57):

  • Month-to-Month Tenancy – Renters without a written lease are automatically considered to have a month-to-month tenancy, even if no formal contract exists. Either the landlord or tenant may terminate the rental agreement by providing at least 15 days’ notice before the end of the rental period, unless otherwise stated by the agreement.
  • Implied Tenancy – If rent is being paid regularly and accepted by the landlord, an implied tenancy is created, even if there’s no written agreement. The tenant’s consistent payment of rent can establish the rental relationship.

Right to Notice Before Eviction

Summary (Florida Statutes § 83.57, Florida Statutes § 83.56):

  • Eviction Rules – A tenant cannot be evicted without cause, even if there is no written lease. The landlord must follow specific legal procedures to evict a tenant. For month-to-month tenants, Florida law requires that landlords provide at least 15 days’ notice** before terminating the rental agreement. If the tenant fails to pay rent or violates the terms of the rental agreement, the landlord can begin eviction proceedings after providing the appropriate notice.
  • No-Cause Eviction – Florida law allows a landlord to terminate a month-to-month tenancy without cause, as long as they provide at least 15 days’ notice prior to the end of the rental period.
  • Eviction for Cause – A tenant can be evicted for specific reasons, such as failing to pay rent, violating rental terms, causing damage to the property, or engaging in illegal activities. The landlord must follow the proper procedures for eviction in these cases, which include serving the tenant with an Eviction Notice and allowing a time period to fix the issue before proceeding to court.

Rent Payment and Rent Increases

Summary (Florida Statutes § 83.56):

  • Paying Rent – Even without a lease agreement, tenants still have to pay rent. Tenants must make sure that the rent is paid on time and consistent. If rent is not paid on time, the landlord can start the legal process for eviction after following proper notice requirements.
  • Rent Increases – Landlords in Florida can increase the rent for month-to-month tenants, but they must provide a 15-day notice before increasing the rent. The notice must be given before the end of the rental period Florida does not have statewide rent control laws.

Sample Tenants Rights Without a Lease in Florida

Florida Lease Agreement in Spanish – Word Template

Florida’s residential landlord-tenant laws are covered in Title VI, Chapter 83, Part II of the Florida Statutes. The Florida Department of Agriculture and Consumer Services (FDACS) provides a Landlord/Tenant Law Brochure summarizing key information for renting or leasing a property.

Law Alert ⚖️

Florida law requires landlords to provide security deposit details, disclose any lead-based paint in older homes, and inform tenants about radon gas. Landlords must also give tenants reasonable notice before entering the property for non-emergency reasons.

  • Fireproofing and fire protection systems: Landlords must give tenants information about fire protection in buildings over 3-stories. Fla. Stat. § 719.616

Forms for Common Landlord/Tenant Disputes (residential only)

Landlord/Tenant Forms (supremecourt.flcourts.gov)

Required Disclosure Forms

  1. Landlord/Owner Contact Information – The landlord’s full mailing address must be provided for tenant notices.
  2. Lead-Based Paint Disclosure Form – Required for rental units built before 1978.
  3. Radon Disclosure Form – Tenants must be informed about radon hazardous gas.
  4. Security Deposit Disclosure – Explains how the tenant’s deposit will be handled during and after the lease.

Security Deposit Requirements 

  • Maximum Amount ($) – Florida does not mandate the maximum amount that Landlords can request from Tenants.
  • Returning – 15 days from the lease end date written in the lease agreement.

Grace Period

There is no grace period for late rent in Florida. Rent is due on the date agreed upon in the lease agreement.

Landlord/Owner Resources

Residential Tenancies – Title 6, Ch. 83, Part 2
Handbook (Guide) – Florida’s Landlord/Tenant Law

Sources

  1. § 83.50
  2. EPA/HUD Fact Sheet
  3. § 404.056(5)
  4. § 83.49(2)
  5. § 83.49(3)(a)
  6. § 83.46(1)

Sample Florida Residential Lease Agreement Template

Required Disclosure Forms (4)

  1. Landlord/Property Manager Contact Information (§ 83.50): Tenants must receive the names and addresses of the landlord or their authorized representative.
  2. Lead-Based Paint Disclosure Form (EPA/HUD Fact Sheet): If the property was built before 1978, landlords must provide a lead-based paint disclosure.
  3. Radon Disclosure (§ 404.056(5)): Tenants must be informed about radon gas risks.
  4. Security Deposit (§ 83.49(2)): Landlords with five or more units must disclose the deposit’s location, if it earns interest, and the account details.

Florida Month-to-Month Lease Laws

Termination Notices

General Either party can end a month-to-month lease with a 30-day notice.[1]
Miami-Dade County Landlords must give 60 days’ notice for termination.[2]
Royal Palm Beach A 60-day notice is required to terminate.[3]

Rent Increase Notices

General Landlords must give 30 days’ notice before increasing rent.[4]
Miami-Dade County A 60-day notice is needed for rent increases over 5%.[5]
Royal Palm Beach A 60-day notice is also required for increases over 5%.[6]

Sources

  1. § 83.57(3)
  2. § 17-03(a)
  3. § 6-200
  4. § 83.57(3)
  5. § 17-03(b)
  6. § 6-201

Sample Florida Month-to-Month Rental Lease Agreement

Florida Condominium Leasing Tips 💡

A written contract is better than a verbal agreement because it clears up each persons responsibilities and avoids any confusion. Having a signed document makes it easier to prevent misunderstandings and guarantees no misunderstandings between landlords and tenants.

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Sample Florida Condominium (Condo) Lease Agreement Template