Florida Rent-to-Own Lease Agreement

 Key Components:

• Maintenance Responsibilities: This section specifies who is responsible for the upkeep of the property, ensuring clarity on maintenance duties.

• Renewal Options: The agreement outlines the conditions under which the lease can be renewed, providing tenants with the opportunity to extend their stay if desired.

• Termination Conditions: This part details the circumstances under which the agreement can be terminated, protecting both parties in case of disputes or changes in circumstances.

• Property Inspections: The document describes the process and frequency of property inspections, ensuring that the property is maintained to acceptable standards.

In the typical process of a rent-to-own agreement, landlords require potential tenants to complete a comprehensive rental application. This application is used to evaluate the tenant’s eligibility and suitability for the rental arrangement.

One of the significant advantages of a rent-to-own agreement is the concept of rent credits. Under this arrangement, tenants can accumulate a portion of their monthly rent payments as credits toward the future purchase of the property. When the tenant decides to exercise their option to buy, the next step usually involves the preparation and execution of a residential purchase agreement to formalize the sale of the property under the agreed terms.

Legal References

• Landlord-Tenant Laws: Title 6, Chapter 83
• Purchase Agreement Laws: Title 40 (Real and Personal Property)

Statutes

• Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
• Fla. Stat. § 83.46 – Rent; duration of tenancies
• Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
• Fla. Stat. § 83.48 – Attorney fees
• Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
• Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
• Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.55 – Right of action for damages
• Fla. Stat. § 83.56(2) – Termination of rental agreement
• Fla. Stat. § 83.56(3) – Termination of rental agreement
• Fla. Stat. § 83.57 – Termination of tenancy without specific term
• Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
• Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
• Fla. Stat. § 83.64 – Retaliatory conduct
• Fla. Stat. § 83.67(1) – Prohibited practices
• Fla. Stat. § 83.67(2) – Prohibited practices
• Fla. Stat. § 83.67(4) – Prohibited practices
• Fla. Stat. § 83.67(5) – Prohibited practices
• Fla. Stat. § 83.67(6) – Prohibited practices
• Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
• Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
• Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
• Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
• Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
• Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
• Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
• Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules
• Fla. Stat. § 83.50 – Disclosure of landlord’s address
• Fla. Stat. § 83.52 – Tenant’s obligation to maintain dwelling unit.