Florida Lease Agreement

Required Landlord Disclosures (5)

Aside from signing the lease, tenants are also expected to review and sign certain disclosures that state and local governments require. These disclosures inform the tenant of certain aspects of the rental unit and other required information required by law.

Failing to include legally required disclosures could result in denial of eviction, fees, or other legal penalties.

Note that the TurboTenant lease agreement includes some of these disclosures, but landlords must supply others to their tenants.

1. Lead Paint: Any unit built before 1978 must include a lead-based paint and a lead-based paint hazard disclosure. This disclosure is a federal requirement.

2. Radon: Florida landlords must disclose a warning about radon gas in every rental agreement over 45 days, with specific language dictated by the Florida legislature (Fla. Stat. § 404.056(5)).

3. Fire Protection: For units in buildings over three stories, landlords must disclose what fire protections are available, including smoke detectors and fire extinguishers (Fla. Stat. § 719.616).

4. Security Deposit Receipt: Landlords in Florida with five or more units must tell tenants, in writing, the name of the bank holding the deposit and if it’s in an interest-bearing account within 30 days of receiving the deposit (Fla. Stat. § 83.49(2)).

5. Landlord’s Name and Address: Landlords must disclose their legal name and current address to the tenant at the time of lease signing (Fla. Stat. § 83.50).

Security Deposit Regulations

Maximum Security Deposit Amount: Florida does not set limits on security deposits.

Receipt of Deposit: While only landlords with five or more units must provide a deposit receipt, it’s a good practice. Landlords must provide receipts within 30 days of receiving the deposit, and it must list where the deposit is held and whether it’s in an interest-bearing account (Fla. Stat. § 83.49(2)).

Deposit Held Separately: Landlords must not commingle security deposit funds in their personal accounts. The funds must be held separately in a non-interest-bearing account, interest-bearing account, or surety bond (Fla. Stat. § 83.49 (1)).

Interest: Florida landlords are not required to pay interest on security deposits; however, if the deposit is held in an interest-bearing account, landlords must pay the tenant either 75% of the annualized average interest rate or 5% per year of simple interest (Fla. Stat. § 83.49(1)).

Deduction Tracking: If the landlord intends to deduct any of the security deposit for repairs, they must provide written notice within 30 days of the tenant moving out, including a list of the repairs needed and the amount deducted. The tenant has 15 days from receiving the notice to contest the deductions. If the tenant does not dispute the deductions, the landlord must return the remainder of the security deposit within 30 days of sending the notice (Fla. Stat. § 83.49).

Returning a Tenant’s Security Deposit: Landlords must return security deposits within 15 days of the tenant moving out or 30 days after the landlord notifies the tenant of any deductions for repairs (Fla. Stat. § 83.49(3a)).

Landlord’s Access to Property

Advance Notice: Florida landlords must provide 24 hours of advance notice before entering a tenant’s unit and can only do so between 7:30 am – 8:00 pm (Fla. Stat. § 83.53(2)).

Immediate Access: Immediate entry is allowed only in cases of emergency (Fla. Stat. § 83.53(2b)).

Landlord Harassment: Abusing the right of access by repeatedly entering the tenant’s unit or not following the above guidelines is considered landlord harassment and is not allowed by Florida statute (Fla. Stat. § 83.53(3)).

Rent Payment Laws

Grace Period: Florida does not require a grace period for rent payments, but many landlords include a reasonable time of 3-5 days in the lease.

Late Rent Fees: Late fees must be “reasonable,” which means no more than $20 or 20% of the monthly rent, whichever is greater. Landlords must expressly include the amount of late fees in the Florida lease agreement (Fla. Stat. § 83.808(3)).

Tenant’s Right to Withhold Rent: Tenants may withhold rent for repairs or maintenance if, after giving the landlord written notice of the issue, the landlord hasn’t made the repair after 20 days. The tenant may then withhold rent for the next rental period until the repair is made; at this point, the tenant must pay the amount withheld. If the landlord refuses to cure the issue, the tenant may abandon the property and terminate the lease without penalty (Fla. Stat. § 83.201).

Breach of Rental Agreement

Missed Rent Payment: Landlords may issue a 3-day notice to pay or quit after a missed rent payment (Fla. Stat. § 83.56(3)).

Lease Violation: Tenants have 7 days to cure the violation or leave the property for common lease violations. For illegal activity, unreasonable disturbance, or a second common lease violation, landlords must provide 7 days’ notice. In those instances, Landlords are not required to allow the tenant to cure the violation (Fla. Stat. § 83.56(2(b)), (Fla. Stat. § 83.56(2(a))).

Self-Help Evictions: Evicting a tenant without going through the legal process is considered a self-help eviction and is never allowed in Florida (Fla. Stat. § 83.67).

Lease Abandonment: If a tenant abandons a lease early without a qualifying condition, the landlord can sue the tenant for liquidated damages not exceeding two month’s rent (Fla. Stat. § 83.595).

Ending a Lease

Month-to-Month: Ending a month-to-month lease requires at least 30 days written notice (Fla. Stat. § 83.595).

Fixed-Term: Tenants can end a lease early and without penalty, but only in a few circumstances in Florida, including entering active military duty, uninhabitable living conditions, landlord harassment, and landlord retaliation (Fla. Stat. § 83.51).

Property Abandonment: Landlords must make a reasonable effort to notify the tenant of the property left behind. However, if there is no response after 15 days, they may dispose of the property (Fla. Stat. § 715).

Renewing a Lease

Required Renewals: Florida landlords are not required to renew a tenant’s lease upon expiration.

Required Notice: If it is an annual lease, 60 days of notice are required to let the landlord or tenant know that the lease will not continue. For month-to-month leases, the law requires notice of at least 15 days (Fla. Stat. § 83.575).

Rent Control & Stabilization

Outside of a couple of counties in the state, Florida does not allow rent control as of a recent state statute. (Live Local Act)