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Florida Residential Lease Agreement

Florida sets no security deposit cap but requires a 15 or 30-day return deadline, a radon gas disclosure, and 24-hour entry notice. Free lease agreement template.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent amount, the length of the tenancy, the security deposit, each party's responsibilities, and how the lease ends. In Florida this relationship is governed by the Florida Residential Landlord and Tenant Act, Fla. Stat. Chapter 83 Part II. Florida sets no statutory cap on the security deposit amount, but the landlord must hold the deposit in a separate account (interest-bearing or non-interest-bearing) or post a surety bond, and must return it within 15 days if no claim is made or give written notice by certified mail within 30 days of an intent to claim against it. Florida also requires a written disclosure of how the deposit is held, a landlord/agent name and address disclosure at the start of the tenancy, and a statutorily worded radon gas disclosure in every rental agreement. A landlord may enter the rental unit for repairs with at least 24 hours notice, and only between 7:30 a.m. and 8:00 p.m. A month-to-month tenancy ends with 30 days notice from either party, and Chapter 83 Part II does not let a lease waive the tenant rights it creates. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract setting out what a tenant pays a landlord to occupy a home, for how long, and under what rules, and how either side can end it.

  2. 2

    Florida sets no statutory cap on the security deposit. The landlord must hold it in a separate account or post a surety bond, and must return it within 15 days if there is no claim, or send written notice of a claim by certified mail within 30 days (Fla. Stat. Section 83.49).

  3. 3

    Florida requires a written security deposit holding disclosure within 30 days of receiving the deposit, a landlord/agent name and address disclosure at or before the tenancy begins, and a statutorily worded radon gas disclosure in the lease (Fla. Stat. Sections 83.49(3)(a), 83.50, 404.056(5)).

  4. 4

    A landlord must give at least 24 hours notice before entering for repairs, and may only enter between 7:30 a.m. and 8:00 p.m. (Fla. Stat. Section 83.53).

  5. 5

    Chapter 83 Part II sets no cap on late fees and no statutory grace period for residential rent; late-fee terms come from the lease itself.

  6. 6

    A month-to-month tenancy is ended by either party giving at least 30 days written notice before the end of a monthly period. There is no separate statute setting a rent-increase notice period, so a rent change on a month-to-month tenancy in practice follows the same 30-day notice (Fla. Stat. Section 83.57).

  7. 7

    Florida has no statewide rent control, and cities and counties are preempted from adopting rent control except through a declared, referendum-approved housing emergency (Fla. Stat. Section 125.0103).

Key decisions before you file

Before you file a Residential Lease Agreement in Florida, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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FLORIDA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] ("Landlord" or "Lessor") and [TENANT NAME] ("Tenant" or "Lessee") for the residential property located at [ADDRESS], Florida (the "Premises"). Under Fla. Stat. Section 83.50 the Landlord must disclose in writing, at or before the start of the tenancy, the name and address of the Landlord or the person authorized to receive notices and demands.

  2. TERM This lease is for a [fixed term of ___ months, beginning DATE and ending DATE] / [month-to-month tenancy beginning DATE]. Fill in the term that applies.

  3. RENT Tenant shall pay $[AMOUNT] in rent, due on the [DAY] of each month. Chapter 83 Part II sets no statutory grace period and no cap on late fees for residential tenancies; any late-fee amount and grace period must be stated here by agreement of the parties, since Florida law will not supply or limit one.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Florida sets no statutory cap on this amount (Fla. Stat. Section 83.49). Landlord shall hold the deposit in a separate non-interest-bearing account, a separate interest-bearing account, or a surety bond, and shall give Tenant written notice of how the deposit is held, and any interest rate, within 30 days of receipt. Upon Tenant vacating, Landlord shall return the deposit within 15 days if no claim is made, or, if imposing a claim, send Tenant written notice by certified mail within 30 days stating the reason for the claim.

  5. DISCLOSURES This lease incorporates: (a) the federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d); (b) the Florida radon gas disclosure required by Fla. Stat. Section 404.056(5); (c) the Landlord/agent name and address disclosure (Fla. Stat. Section 83.50); and (d) for buildings over three stories with a common stairway, a fire protection and evacuation disclosure (Fla. Stat. Section 83.50(2)).

  6. ENTRY Landlord may enter the Premises for repairs upon at least 24 hours notice to Tenant, and only between 7:30 a.m. and 8:00 p.m., under Fla. Stat. Section 83.53.

  7. MAINTENANCE AND USE Tenant shall keep the Premises clean and sanitary, use appliances and fixtures properly, and promptly notify Landlord of needed repairs. Landlord shall maintain the Premises in compliance with applicable building, housing, and health codes.

  8. TERMINATION Either party may end a month-to-month tenancy by giving the other at least 30 days written notice prior to the end of a monthly period (Fla. Stat. Section 83.57). Chapter 83 Part II sets no separate statutory notice period for a rent increase, so any rent change on a month-to-month tenancy should be delivered with the same 30-day notice.

SIGNATURES

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This lease is governed by the Florida Residential Landlord and Tenant Act, Fla. Stat. Chapter 83, Part II. A provision purporting to waive rights this Act gives Tenant, or to limit Landlord's liability, is void under Fla. Stat. Section 83.47. This is a Florida skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

Florida Requirements for Residential Lease Agreement

No Statutory Deposit Cap; Separate Account or Bond Required

Florida sets no statutory cap on the security deposit amount. The landlord must hold the deposit in a separate non-interest-bearing account, a separate interest-bearing account, or post a surety bond, and must not commingle the funds with the landlord's own money (Fla. Stat. Section 83.49).

15-Day or 30-Day Deposit Return Deadline

If the landlord does not intend to claim against the deposit, it must be returned within 15 days after the tenant vacates. If the landlord intends to impose a claim, the landlord must send written notice by certified mail within 30 days stating the reason for the claim (Fla. Stat. Section 83.49).

Written Security Deposit Holding Disclosure

Within 30 days of receiving a security deposit or advance rent, the landlord must notify the tenant in writing of how the money is held and, if applicable, the rate of interest and when interest is paid (Fla. Stat. Section 83.49(3)(a)).

Radon Gas Disclosure Required

Florida requires a statutorily worded radon gas disclosure in every rental agreement for a building (except transient occupancy of 45 days or less), stating that radon may present health risks and referring the tenant to the county health department (Fla. Stat. Section 404.056(5)).

Landlord/Agent Name and Address Disclosure

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the landlord or of a person authorized to receive notices and demands on the landlord's behalf (Fla. Stat. Section 83.50).

24-Hour Entry Notice, 7:30 a.m. to 8:00 p.m.

For repairs, the landlord must give the tenant reasonable notice, meaning at least 24 hours before entry, and the entry must occur between 7:30 a.m. and 8:00 p.m. (Fla. Stat. Section 83.53).

30-Day Notice to End or Change a Month-to-Month Tenancy

Either party may end a month-to-month tenancy by giving the other at least 30 days written notice prior to the end of a monthly rental period. Chapter 83 Part II sets no separate statutory notice period for a rent increase, so a rent change on a month-to-month tenancy is in practice delivered with the same 30-day notice (Fla. Stat. Section 83.57).

No Late-Fee Cap, No Rent Control, and No Waiver of Tenant Rights

Chapter 83 Part II sets no cap on late fees and no statutory grace period for residential rent, and Florida has no statewide rent control (local rent control is preempted absent a declared, referendum-approved housing emergency, Fla. Stat. Section 125.0103). A lease provision purporting to waive tenant rights under Part II, or to limit landlord liability, is void (Fla. Stat. Section 83.47).

Frequently Asked Questions

A Florida residential lease should name the landlord and tenant, describe the rental address, state the rent amount and due date, the term (fixed or month-to-month), and the security deposit terms. It must also include the landlord/agent name and address disclosure and the statutorily worded radon gas disclosure, both required under Fla. Stat. Sections 83.50 and 404.056(5), plus the federal lead-based paint disclosure for housing built before 1978.

Florida sets no statutory cap on the security deposit amount under Fla. Stat. Section 83.49; the lease sets the figure. The landlord must hold the deposit in a separate account, interest-bearing or non-interest-bearing, or post a surety bond, and must give the tenant a written disclosure of how it is held within 30 days of receiving it.

Yes. A free template generates a Florida-specific residential lease agreement at no cost, prefilled with the state's required disclosures and notice rules. Attorney review is available afterward as an optional add-on, starting at $39.99 per month, if you want a lawyer to look over the finished document.

No. Florida law does not require a residential lease agreement to be notarized or witnessed to be valid between landlord and tenant. Signatures from both parties are enough. Notarization is not part of the Florida Residential Landlord and Tenant Act's requirements for a rental agreement.

Generally no. For repairs, Fla. Stat. Section 83.53 requires at least 24 hours notice, and entry for that purpose is limited to between 7:30 a.m. and 8:00 p.m. The statute recognizes narrower exceptions, such as emergencies or when the tenant is absent for an extended period, where advance notice is not practical.

Florida requires a landlord/agent name and address disclosure at or before the start of the tenancy (Section 83.50), a written security deposit holding disclosure within 30 days of receiving the deposit (Section 83.49(3)(a)), and a statutorily worded radon gas disclosure in the rental agreement (Section 404.056(5)). Buildings over three stories with a common stairway also need a fire protection disclosure. The federal lead-based paint disclosure applies to housing built before 1978.

Either the landlord or the tenant can end a month-to-month tenancy by giving at least 30 days written notice before the end of a monthly rental period, under Fla. Stat. Section 83.57. Chapter 83 Part II does not set a separate notice period for a rent increase, so in practice a rent change on a month-to-month tenancy is delivered through that same 30-day notice.

Florida's Residential Landlord and Tenant Act sets no cap on late fees and no statutory grace period for residential rent; the lease agreement itself controls whether a late fee applies, how much it is, and when it kicks in. Tenants should check the lease's rent and late-fee clause carefully, since the statute will not limit it for them.