Florida

A Florida simple (basic) lease agreement creates a legally binding contract between landlords and tenants, outlining the terms and conditions under which properties are rented. This rental document must follow the state’s landlord-tenant laws and include key details such as lease terms, monthly payments, late fees, specific disclosures, security deposits, and utility needs.

Florida Simple (Basic) Lease Agreement

Florida maintains landlord-friendly rental laws without rent control restrictions. Property owners face no licensing requirements to operate rental properties. The state places no statutory limits on late fees, allowing landlords to specify penalty structures in their rental documentation. Additionally, Florida requires no mandatory grace periods for late rent payments, giving property owners flexibility in enforcement.

Landlords typically screen prospective tenants before finalizing any rental contract. This evaluation process helps property owners make informed decisions about rental applications.

Required Lease Disclosures

Florida law requires landlords to provide specific disclosures in writing when creating rental agreements. Property owners must include these disclosures in every lease:

Landlord Identification Requirements: Property owners must provide their names and addresses, along with information about any authorized parties managing rental properties.

Lead-Based Hazards Disclosure: Landlords must provide lead-based paint disclosures before tenant occupancy in their rental documentation.

Radon Gas Disclosure: Property owners must give notices about radon gas in contaminated areas to tenants signing contracts.

Security Deposit Location Notice: Landlords must disclose where they hold security deposits in their rental terms.

Rental Inspection Requirements: Property owners must provide checklists to assess any damages to rental units before tenancy begins.

Abandoned Property Notice: Lease documents must include information about goods left behind by previous tenants.

Foreclosure Notification: Tenants must receive information if landlords have received foreclosure notices at least 90 days before effective dates.

Security Deposit Regulations

Florida regulates security deposits through specific requirements that affect both landlords and tenants:

Deposit Limits and Interest Requirements

Maximum Deposit Amounts: Florida places no limits on security deposit amounts that landlords may demand in their contracts.

Interest Payment Rules: When property owners collect interest on deposits, tenants must receive either 75% of the average interest rate or 5% simple interest annually.

Banking and Return Procedures

Banking Requirements: Landlords must keep security deposits in separate bank accounts or surety bonds under state regulations.

Return Timeline Requirements: Property owners must return deposits within 15 days when no deductions apply and within 30 days when deductions occur.

Withholding Guidelines: Landlords may withhold deposits for unpaid rent, excessive property damage, specified fees, and lease violations outlined in their rental terms.

Rent Payment Requirements

Monthly Rent Due Dates and Payment Terms

Rent becomes due on dates specified in rental contracts, typically the first day of each month. Property owners must clearly outline payment terms and acceptable methods in their documents.

Late Fee Policies and Enforcement

Florida law sets no maximum limits on late fees. Landlords can charge any amounts, though unreasonable fees may face court challenges. Late fees must appear clearly in rental terms, and the state provides no grace periods for late payments.

Eviction Notice Requirements

When rent payments become late, property owners may issue 3-day notices to quit to start eviction processes under state provisions.

Tenant Rent Withholding Rights

Tenants may withhold rent when landlords fail to comply with lease terms or legal requirements. Renters must give landlords seven days’ written notice to address issues before exercising withholding rights under their rental contract.

Landlord Entry Rights

Property owners must provide at least 24 hours’ notice before entering rental premises under state terms. Florida includes no specific rules about changing locks to evict tenants, aside from general prohibitions against such actions.

Property Maintenance Responsibilities

Landlord Maintenance Obligations

Property owners must ensure rental units comply with building, housing, and health codes. Landlords must maintain safe conditions, provide functioning appliances, and manage pest control as specified in their rental terms.

Tenant Maintenance Responsibilities

Tenants must maintain fixtures and appliances throughout their lease periods. Renters must keep properties clean and compliant with applicable codes under their contract terms.

Property Abandonment Procedures

When tenants remain absent for half the rental period without notifying landlords and rent becomes late, properties may face abandonment classification under state provisions.

How to Terminate a Lease

Month-to-Month Tenancy Termination

Property owners must provide 30-day notices to terminate month-to-month rental agreements. This gives both parties adequate time to prepare for tenancy changes while maintaining legal compliance.

Unclaimed Property Management After Termination

Landlords must notify tenants about belongings and associated fees after lease termination. Property owners must allow 10-day claim periods when delivered in person or 15 days when mailed.

High-Value Item Procedures: Items valued over $500 must be sold at auction under Florida regulations. Other items can be kept or discarded by landlords.

Legal Statutes and Compliance

State Rental Law Framework

Florida rental statutes provide the legal foundation for all landlord-tenant relationships in the state. These laws establish minimum requirements while allowing significant flexibility for property owners.

Local Ordinance Considerations

While state law governs most rental relationships, some municipalities may impose additional requirements. Property owners should research local ordinances that might affect their rental operations.

Key Takeaways for Rental Success

Florida’s landlord-friendly rental laws provide significant flexibility for property owners while maintaining basic tenant protections. Landlords benefit from no rent control restrictions, unlimited security deposit amounts, and flexible late fee structures. Tenants enjoy protections through required disclosures, reasonable entry notice requirements, and rent withholding rights when landlords fail to meet obligations. Understanding these Florida lease agreement requirements helps both parties create successful rental relationships while maintaining compliance with state regulations and protecting their interests throughout tenancy periods.

Legal 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.

FAQs

In Florida, landlords must provide several disclosures in writing, including their name and address, lead-based paint hazards, radon gas notices, security deposit information, a rental inspection checklist, abandoned personal property notice, and notice of foreclosure if applicable.

In Florida, a landlord must return the security deposit within 15 days if there are no deductions and within 30 days if there are deductions after the lease ends.

Florida law does not specify a maximum late fee that landlords can charge. However, late fees must be outlined in the lease agreement, and unreasonable fees may not be enforceable in court.

In Florida, a landlord must provide at least 24 hours’ notice before entering a tenant’s premises, except in emergencies.

Yes, tenants in Florida may withhold rent if the landlord fails to comply with the lease or legal requirements. However, tenants must give the landlord seven days’ written notice to address the issue before withholding rent.

Landlords in Florida are responsible for ensuring that rental units comply with building, housing, and health codes, providing safe conditions, functioning appliances, and pest control for apartments, and maintaining good condition for single-family homes or duplexes.

To terminate a month-to-month tenancy in Florida, either party must provide a 30-day written notice to the other party.

Landlords must notify tenants about their unclaimed belongings and any associated fees, allowing a 10-day claim period if delivered in person or 15 days if mailed. If items are valued over $500, they must be sold at auction; otherwise, they can be kept or discarded.