Florida Residential Lease Agreement

Create a professional, Florida-compliant residential lease agreement with our free template. Includes all required Florida disclosures and adheres to state landlord-tenant laws.

A Florida residential lease agreement is a legally binding contract between a landlord and tenant that includes state-specific provisions required by Florida law, covering security deposits, tenant rights, maintenance responsibilities, and termination conditions for residential property rentals.

Florida rental laws have specific requirements that landlords must follow in their lease agreements. Our Florida-specific lease agreement template ensures your rental contract complies with all state regulations, including security deposit limitations, required disclosures, and specific notice periods. Whether you're renting out a home in Miami, an apartment in Orlando, or a condo in Tampa, our customizable template helps you create a legally sound lease agreement that protects both landlord and tenant rights under Florida law.

Create Florida Lease Agreement Learn More

Florida Landlord-Tenant Law Highlights

Provision	Florida Law Requirement
Security Deposit Limits	No statutory limit on security deposit amount
Security Deposit Return	Must be returned within 15-60 days after tenant moves out, depending on whether landlord claims deductions
Security Deposit Storage	Three options: non-interest-bearing account, interest-bearing account, or surety bond
Security Deposit Notice	Written notice required within 30 days of receiving deposit, stating how and where deposit is being held
Notice for Landlord Entry	12 hours' notice required (reasonable notice means at least 12 hours)
Rent Increase Notice	No statutory requirement for fixed-term leases; 15 days for month-to-month tenancies
Rent Control	State law preempts local rent control with limited exceptions for "housing emergency"
Required Disclosures	Lead-based paint, landlord/agent identity, radon gas notice, fire protection, and security deposit information
Termination Notice (Month-to-Month)	15 days' notice required from either party
Late Fees	Must be reasonable and specified in the lease

Required Florida Lease Disclosures

Florida law requires certain disclosures to be included in or attached to residential lease agreements:

Lead-Based Paint Disclosure

Required for all housing built before 1978. Landlords must disclose known lead-based paint hazards and provide tenants with EPA-approved information about lead poisoning prevention.

Landlord's Name and Address

Florida law requires disclosure of the name and address of the landlord or the person authorized to receive notices and demands on the landlord's behalf. This information must be disclosed in writing at or before the commencement of the tenancy.

Security Deposit Disclosure

Within 30 days of receiving a security deposit, landlords must provide written notice specifying whether the deposit is held in an interest or non-interest-bearing account, the name of the account depository, and the rate and time of interest payments.

Radon Gas Disclosure

Florida law requires the following disclosure about radon gas in rental agreements: "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."

Fire Protection System Disclosure

For multi-unit buildings, landlords must disclose information about the building's fire protection system including if it's certified, the date of the last inspection, and whether the system meets applicable code.

HOA and Condo Rules

If the rental property is part of a homeowner's association or condominium association, the lease should reference that fact and the tenant's obligation to comply with association rules and regulations.

Security Deposit Rules in Florida

Florida has specific regulations governing security deposits:

Security Deposit Storage Options

Landlords must choose one of three methods:

Non-interest-bearing account: Held in a separate account for the tenant's benefit
Interest-bearing account: Interest must accrue to tenant at either:
- 75% of annualized average interest rate on account, or
- 5% simple interest
Surety bond: Posted with county clerk, maximum bond amount of $500 times number of units

Whichever method is used, the landlord must notify the tenant in writing within 30 days of receiving the deposit.

Security Deposit Return Rules

Without deductions: Return within 15 days of tenant vacating
With deductions: Written notice of intent to impose claim sent within 30 days
- Must include reason for claim
- Tenant has 15 days to object
- If no objection, landlord has 30 days to return balance
Allowable deductions: Unpaid rent, damage beyond wear and tear, other lease violations
Failure penalties: Forfeit right to impose claim if notice not sent timely

Important: If a landlord fails to give the required notice regarding security deposit disposition within 30 days, they forfeit the right to impose a claim on the security deposit. Always follow Florida's specific security deposit timing requirements.

Landlord Right of Entry in Florida

Florida law establishes specific requirements for landlord entry to rental units:

Required Notice

Minimum notice: 12 hours (interpreted as "reasonable notice" in statute)
Entry times: At reasonable times (generally understood as normal business hours)
Notice method: Not specified in law, but written notice is advisable
Emergency entry: No notice required for genuine emergencies

Permitted Entry Reasons

Inspections: Periodic or final move-out inspection
Repairs: Performing necessary repairs or services
Agreed services: Providing agreed-upon services
Property showings: To prospective tenants, purchasers, contractors, etc.
Emergencies: For genuine emergencies
Abandonment: If tenant has abandoned the premises

Note: Florida statute (§83.53) states that a tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit. If a tenant unreasonably refuses access, the landlord may file for injunctive relief and damages.

Eviction Process in Florida

Florida Eviction Procedure

Florida landlords must follow these steps to legally evict a tenant:

Written Notice: Provide proper written notice
- For nonpayment of rent: 3-day notice to pay or vacate
- For lease violations: 7-day notice (curable or non-curable, depending on violation)
- For month-to-month termination without cause: 15-day notice
Filing the Complaint: If tenant doesn't comply, file eviction lawsuit (summons and complaint) with the county court
Tenant Response: Tenant has 5 days to respond (excluding weekends and legal holidays)
Court Hearing: If tenant fails to respond or court rules in landlord's favor
Writ of Possession: Court issues writ of possession
Sheriff's Enforcement: Sheriff posts writ (24 hours' notice) and returns to remove tenant if necessary

The entire process typically takes 3-4 weeks if uncontested, longer if contested.

Important: Self-help evictions are illegal in Florida. Landlords cannot change locks, shut off utilities, remove doors/windows, or remove tenant belongings without a court order. Violations can result in liability for three months' rent plus attorney's fees.

Specific Florida Lease Provisions

Rent and Late Fees

Rent control: Generally prohibited by state law
Late fees: Must be reasonable and specified in lease
Grace period: No statutory requirement, but lease should specify
Three-day notice: Required before filing eviction for nonpayment
Payment methods: Lease should specify acceptable methods

Repairs and Maintenance

Landlord responsibilities:
- Comply with building, housing, and health codes
- Maintain roofs, windows, screens, doors, floors, steps, porches
- Keep plumbing in reasonable working condition
- Exterminate for wood-destroying organisms
- Ensure functioning locks and keys
- Clean and safe common areas
- Garbage removal from inside units for multi-family buildings with more than 4 units
Tenant remedies: Specific procedures for withholding rent for repairs (notice requirements)

Lease Termination Requirements

Fixed-term leases: End on specified date without notice (unless lease states otherwise)
Month-to-month tenancies: 15 days' written notice from either party
Military personnel: Can terminate with 30 days' notice upon receiving orders
Domestic violence victims: Can terminate with proof and proper notice
Early termination fee provision: Lease may include liquidated damages clause for early termination

Florida-Specific Requirements

Liquidated damages clause: May include an early termination fee of no more than 2 months' rent
Automatic rent increases: Must be clearly stated in lease
Hurricanes and natural disasters: Consider including provisions for hurricane shutters/preparations
Flood disclosures: Recommended for properties in flood zones
Mold provisions: Consider including tenant responsibilities to prevent mold

Frequently Asked Questions - Florida Leases

Florida does not legally require a written lease agreement for tenancies less than one year. Oral leases are legally valid, though strongly discouraged. Florida Statute §83.46 states that if there is no written lease specifying duration, the tenancy is presumed to be month-to-month for rentals paid monthly. However, having a written lease provides crucial protection for both landlords and tenants by clearly documenting the terms and conditions of the rental arrangement. Any lease for longer than one year must be in writing to be enforceable under Florida's Statute of Frauds (§725.01). Even for shorter tenancies, a written lease helps prevent disputes and misunderstandings about important terms like rent amount, due date, security deposit, maintenance responsibilities, and rules for the property.

Florida does not have statewide rent control laws, and in fact, prohibits local municipalities from implementing rent control except in very limited "housing emergency" situations. This means that for most rental properties:

Fixed-term leases: Rent cannot be increased during the lease term unless specifically allowed by a clause in the lease agreement.
Lease renewals: Landlords can increase rent by any amount when a lease is renewed, with no statutory limit.
Month-to-month tenancies: Landlords can increase rent with proper notice (15 days in Florida), with no statutory limit on the amount.

While there's no legal limit on rent increases, landlords still cannot increase rent in a discriminatory manner or as retaliation for a tenant exercising legal rights (like complaining about unsafe conditions). Rental increases must also be communicated with proper notice. The absence of rent control makes it especially important to clearly address potential rent increases in the lease agreement, such as by including a clause specifying the amount or percentage of any rent increase upon renewal.

Florida law allows for early lease termination in specific circumstances and provides a framework for landlords to include early termination fee provisions:

Military personnel: Under Florida Statute §83.682, active duty service members can terminate their lease with 30 days' written notice upon receiving permanent change of station orders or deployment orders for 60+ days.
Domestic violence victims: Under Florida Statute §83.682, victims of domestic violence, sexual assault, stalking, or dating violence can terminate a lease with 15 days' written notice accompanied by specified documentation (injunction, police report, or verification from a domestic violence center).
Landlord violation of lease: If a landlord materially violates the lease or fails to uphold legal obligations, a tenant may be able to terminate without penalty after providing required notifications.
Early termination fee provision: Florida Statute §83.595 specifically allows landlords to include a lease provision that sets liquidated damages (typically 2 months' rent) and an early termination fee (typically 1 month's rent) for cases where tenants break the lease without legal justification. This provision must be explicit in the lease.

When a lease does not contain an early termination fee provision, landlords have several options under Florida law, including: re-renting the unit and charging the original tenant for costs until a new tenant is found, standing by and collecting rent until the lease ends, or terminating the lease and suing for damages. Florida landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit.

Florida's security deposit laws (Florida Statute §83.49) provide detailed procedures that protect both parties:

For landlords:

No statutory limit on deposit amount, allowing landlords to set appropriate security based on risk
Clear process for making claims against deposits for unpaid rent, damages beyond normal wear and tear, and other breaches
Three options for holding deposits (non-interest-bearing account, interest-bearing account, or surety bond)
Defined timeframes for notifying tenants about deposit disposition

For tenants:

Right to written notice within 30 days of how deposit is being held
Interest rights on deposits held in interest-bearing accounts
Right to receive deposit back within 15 days if no deductions
Right to itemized list of deductions if landlord claims part of deposit
15-day period to object to landlord's claim on deposit
Protection from forfeiture if landlord fails to give proper notice

These balanced provisions ensure transparency in how deposits are handled while providing landlords with clear procedures for addressing legitimate damages or unpaid rent. The strict notice requirements and specific timeframes help prevent disputes by creating a structured process for deposit returns.

Yes, Florida has distinct regulations for seasonal and vacation rentals, reflecting the state's significant tourism industry:

Definition: In Florida, a "transient" or vacation rental is defined as a rental period of less than 6 months.
Legal framework: Vacation rentals are regulated primarily under Chapter 509 of Florida Statutes rather than Chapter 83's residential landlord-tenant provisions.
Licensing requirements: Vacation rental properties generally require licensing through the Florida Department of Business and Professional Regulation (DBPR) and may need additional local permits depending on the municipality.
Tourist development taxes: Vacation rentals must collect and remit state sales tax (6%) plus applicable county tourist development taxes (which vary by county, typically 2-6%).
Local regulations: Many Florida municipalities have enacted local ordinances governing vacation rentals, including registration requirements, occupancy limits, noise restrictions, parking rules, and in some cases, minimum stay requirements.
Security deposits: Security deposit requirements for vacation rentals differ from long-term rentals and are not governed by the same 15/30 day return requirements.
Eviction procedures: Removing problematic guests from vacation rentals follows a different, typically faster process than evicting tenants from long-term rentals.

Landlords offering seasonal or vacation rentals in Florida should use specialized rental agreements designed for short-term occupancy rather than standard residential leases, and should be familiar with both state requirements and local ordinances in their specific municipality.