Florida Residential Lease Agreement

Important Information for Florida Landlords

Florida Rental Law Highlights

Security Deposits (F.S. 83.49)

• No Maximum Amount: Florida does not limit security deposit amounts
• Return Timeline: 15 days to return full deposit OR 30 days to return with itemized deductions
• Notice of Claim: Must send notice of intention to impose claim within 30 days
• Separate Account: Must hold in Florida banking institution (separate account or post surety bond)
• Interest: Not required unless landlord holds in interest-bearing account (then must pay 75% of annualized interest or 5%, whichever is less)
• Disclosure Required: Must disclose within 30 days: bank name, address, interest rate, and whether held in separate or commingled account
• Forfeiture Risk: Failure to comply with notice requirements may forfeit right to claim deposit

Rent and Rent Increases

• No Rent Control: Florida prohibits local rent control ordinances (with few exceptions)
• No Required Notice: No notice required for rent increase at end of fixed-term lease
• Month-to-Month: 30 days notice required for rent increase
• Late Fees: Must be reasonable; typically $50-75 or 5-10% of rent
• Grace Period: Not required by law, but common practice is 3-5 days

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Radon gas disclosure (required by F.S. 404.056)
• Security deposit bank information (within 30 days)
• Fire protection and evacuation procedures (if applicable)
• Homeowners association rules and fees (if applicable)
• Flood zone information (recommended)
• Mold disclosure (recommended)
• Known defects affecting health and safety

Eviction and Termination (F.S. 83.20, 83.56, 83.57)

• 3-Day Notice: For nonpayment of rent (must allow tenant to pay and cure)
• 7-Day Notice: For curable lease violations (tenant can cure within 7 days)
• 7-Day Unconditional Notice: For repeated violations or incurable violations
• 15-Day Notice: To terminate month-to-month tenancy (either party)
• 60-Day Notice: To terminate year-to-year tenancy
• No-Cause Termination: Cannot terminate during fixed-term lease without cause
• Judicial Process: Must file eviction lawsuit; no self-help evictions allowed
• Abandoned Property: 10-day notice required before disposing of tenant’s property

Tenant Rights and Protections

• Warranty of Habitability: Implied in all residential leases
• Right to Repair: Tenant may withhold rent or repair and deduct under certain conditions (F.S. 83.60)
• Termination for Uninhabitability: Tenant may terminate if landlord materially fails to comply
• Retaliation: Landlord cannot retaliate for complaints or tenant exercising legal rights
• Privacy: Landlord must give reasonable notice (12 hours minimum) before entry
• Lockouts Prohibited: Illegal to lock out tenant or shut off utilities

Entry Requirements (F.S. 83.53)

• Minimum Notice: At least 12 hours notice required
• Reasonable Hours: Entry must be during reasonable hours
• Emergency Exception: Can enter without notice in true emergency
• Tenant Absence: Can enter if tenant unreasonably absent for extended period
• Notice Method: Can be by phone call if prior agreement exists

Pet Policies

• No Restrictions on Deposits: Pet deposits not limited by state law
• Non-Refundable Fees: Can charge non-refundable pet fees
• Pet Rent: Can charge monthly pet rent
• Service Animals: Must allow under Fair Housing Act; cannot charge fees
• Emotional Support Animals: Must accommodate with proper documentation
• HOA Restrictions: Must comply with HOA pet policies if applicable

Florida-Specific Considerations

Hurricane and Weather Preparedness

• Address hurricane shutter/panel responsibilities in lease
• Specify who secures outdoor furniture and items
• Clarify insurance responsibilities (landlord vs tenant)
• Include provisions for storm damage and repairs
• Specify evacuation expectations
• Address utility interruptions during storms

Mold and Moisture

• Florida’s humid climate makes mold a concern
• Landlord must address moisture/leak problems promptly
• Tenant must properly use HVAC and report issues
• Consider requiring tenant to run AC to control humidity
• Include mold prevention responsibilities in lease

Air Conditioning

• In Florida, working AC often considered essential for habitability
• Specify who pays for AC repairs vs. maintenance
• Address thermostat settings and energy conservation
• Clarify filter change responsibilities (typically tenant)
• Set expectations for AC performance in extreme heat

Pest Control

• Common issue in Florida climate
• Specify whether landlord or tenant pays for pest control
• Landlord typically responsible unless tenant caused infestation
• Address prevention measures (keeping property clean, sealed)
• Many landlords include regular pest control service

HOA/Condo Associations

• Must disclose HOA rules and fees to tenant
• Tenant must comply with all HOA/condo rules
• Landlord remains responsible for HOA fees
• Provide tenant with copy of HOA rules and regulations
• Address parking, amenity access, guest policies

Short-Term Rentals

• Many Florida municipalities regulate short-term rentals
• HOAs often prohibit short-term rentals
• Include specific prohibition in lease if desired
• Addresses like Miami Beach, Miami, Tampa have restrictions
• Penalties can be severe for violations

Fair Housing Requirements

Landlord Obligations (F.S. 83.51)

• Comply with building, housing, and health codes
• Maintain structural components (roof, walls, floors)
• Maintain plumbing, running water, and hot water
• Maintain heating and air conditioning (if provided)
• Maintain common areas in clean and safe condition
• Provide functioning facilities for garbage removal
• Provide working locks and keys
• Exterminate rats, mice, roaches, ants, wood-destroying organisms, bedbugs

Tenant Obligations (F.S. 83.52)

• Pay rent on time
• Keep premises clean and sanitary
• Remove garbage properly
• Maintain plumbing fixtures in clean condition
• Use facilities reasonably
• Not damage property
• Conduct themselves and guests appropriately
• Notify landlord of needed repairs

Landlord’s Lien (F.S. 83.08)

• Florida allows landlord’s lien on tenant’s property for unpaid rent
• Must file proper lien documents
• Limited to items on premises
• Exempt items include: certain personal property, clothing, tools of trade
• Rarely used due to complexity

Radon Gas

• Required disclosure: “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.”

Best Practices for Florida Landlords

• Use written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos/video
• Provide all required disclosures before tenant signs
• Respond promptly to repair requests, especially AC and plumbing
• Keep detailed records of all communications and transactions
• Follow strict timelines for security deposit notices
• Never use self-help eviction (lockouts, utility shutoffs)
• Maintain property to code standards
• Consider landlord insurance with hurricane coverage
• Require renter’s insurance (permitted in Florida)
• Stay informed about local ordinances
• Join local landlord/property management associations

COVID-19 and Emergency Orders

• Check for any active emergency orders affecting evictions
• Federal and state moratoria have expired, but stay informed
• Some rental assistance programs may still be available

Resources

• Florida Statutes Chapter 83 (Landlord-Tenant Law)
• Florida Department of Agriculture and Consumer Services
• Florida Bar Association – Real Property Section
• Local property management associations
• County clerk of court for eviction procedures
• Florida Realtors Association
• Local housing authorities