Florida residential lease agreement

State form

• Florida requires a radon gas notice, in wording fixed by section 404.056 of the Florida Statutes, on at least one document signed at or before the execution of a rental agreement for any building.⁶
• A Florida landlord must disclose in writing, at or before the start of the tenancy, the name and address of the landlord or of the person authorized to receive notices and demands.⁷
• Florida landlords must disclose the security deposit or advance rent in the lease, or in a written notice within 30 days after receiving the money.¹
• The Florida deposit disclosure rule in section 83.49(2) does not apply to a landlord who rents fewer than five dwelling units.¹

Signing

• Section 689.01 of the Florida Statutes, which calls for two subscribing witnesses on many real estate instruments, states that no subscribing witnesses are required for a lease of real property.⁵

Deadlines

• Florida lets either party end a month-to-month tenancy by written notice given at least 30 days before the end of a monthly period.²
• A Florida lease with a fixed term may require notice before the tenant leaves at the end of the term, but it cannot require less than 30 days or more than 60 days from either side.³
• A Florida landlord who will not claim any of the security deposit must return it, with any interest owed, within 15 days after the lease ends.¹
• To keep part of a deposit, a Florida landlord must send a written notice of the claim within 30 days after the lease ends, by certified mail to the tenant’s last known mailing address or by e-mail as the statute allows.¹
• A Florida landlord who misses the 30-day claim notice forfeits the right to impose a claim on the deposit, although the landlord may sue for damages after returning it.¹
• Florida’s statutory claim notice gives the tenant 15 days from receiving it to object in writing to the deduction.¹
• For repairs, a Florida landlord must give at least 24 hours’ notice and enter between 7:30 a.m. and 8:00 p.m.⁴
• When rent is unpaid in Florida, the landlord’s written demand gives the tenant 3 days, not counting Saturdays, Sundays and legal holidays, before the landlord may terminate the rental agreement.⁸

Law

• Section 83.49 of the Florida Statutes lets a landlord hold a security deposit in a separate non-interest-bearing account at a Florida financial institution, without mixing it with the landlord’s own funds.¹
• Florida makes void any lease clause that tries to waive the rights, remedies or requirements of Part II of Chapter 83 of the Florida Statutes.⁹
• In Florida, the winning side’s right to recover attorney fees in a lease dispute cannot be waived in the lease.¹⁰

• Property address and what is included (parking, storage, appliances)
• Start date, end date or month-to-month term
• Monthly rent, due date and security deposit amount
• Rules on pets, smoking, repairs and utilities

It is not a roommate agreement between tenants, and it is not a commercial lease for a store or office.