A Florida residential lease agreement (“rental agreement”) is a written contract where one party (the “tenant”) lives in a particular property (“premises”) owned or overseen by another party (the “landlord”), in exchange for regular payments of rent. Florida landlord-tenant law governs the contract, which includes terms and conditions outlining the responsibilities of each party.
These disclosures are required for some or all residential lease agreements in Florida.
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name/Address | All Rentals |
| Radon Gas | All Rentals |
| Security Deposit Holdings | Properties With Five or More Rental Units |
| Lead Paint | Units Built Before 1978 |
Guarantees smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses. Customary to provide before the tenancy begins, or upon move-in. [1]
All rental agreements must include a general disclaimer about the dangers presented by high levels of radon gas. This gas is a naturally occurring radioactive gas that may cause health issues with prolonged exposure. [2]
This is an example of a radon gas 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.
Landlords who ask for a security deposit must provide a written disclosure of how the funds will be kept. They also must provide general information about security deposits and how they work in Florida.
This disclosure has a number of legal requirements. It must include the following information: [3]
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
The landlord may provide this disclosure to the tenant separately from the lease. If so, it must be sent within 30 days after the landlord receives the tenant’s advance rent payment plus security deposit.
Federal law requires disclosing the risks posed by lead-based paints in all residences built before 1978. This law requires Florida landlords to do the following:
The following lease agreement disclosures and addenda are not required by Florida law. They are common inclusions in rental agreements to head off potential conflicts with tenants, or reduce liability for landlords.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants if there is asbestos at the property. May suggest precautions the tenant can take to minimize the chance of disturbing any asbestos fibers. |
| Bed Bugs | Provides information on how to handle a bed bug infestation. Also notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation. |
| Late/Returned Check Fees | Discloses late fees returned check fees in the lease agreement. Florida does not limit late fees. Returned checks with a balance owed of less than $50 may be charged a $25 fee. If the balance is between $50 and $300, the maximum service fee is $30. If the balance exceeds $300, the returned check fee is $40 or 5% of the balance (whichever is greater). [4] |
| Medical Marijuana Use | Provides rules and restrictions for tenant use of medical marijuana on the property. Some laws allow landlords to restrict marijuana usage to non-smoking methods only, or to designated smoking areas which do not risk interfering with other premises. |
| Mold Disclosure | Informs the tenant of the property’s current mold status. May help protect the landlord against liability for mold damages. |
| Move-in Checklist | A move-in checklist helps protect both the landlord and tenant from false claims about property damage. |
| Non-Refundable Fees | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Shared Utilities Arrangements | In rentals which share utilities, discloses the specifics of how they are shared, and the method for calculating each party’s bill. This enables tenants to estimate what they will owe each month. |
| Smoking | Inform tenants of designated smoking areas which don’t interfere with the use of other premises. |
Some city legal requirements differ from the Florida state standard, with one notable example being Jacksonville.
Failure to include a mandatory disclosure could result in fees, denial of eviction, refusal of the landlord’s other rights under the lease, and similar legal penalties. Disclosures outline important health, safety, and property information, and the law penalizes failure to disclose.
Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation. [5]
…83.50 Disclosure of landlord’s address. In addition to any other disclosure required by law, the landlord, or a person authorized to enter into a rental agreement on the landlord’s behalf, shall disclose in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf. The person so authorized to receive notices and demands retains authority until the tenant is notified otherwise. All notices of such names and addresses or changes thereto shall be delivered to the tenant’s residence or, if specified in writing by the tenant, to any other address…
…(5) NOTIFICATION ON REAL ESTATE DOCUMENTS.—Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language:…
…(2) The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit … the written notice must:(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held or state that the landlord has posted a surety bond as provided by law.
(c) State whether the tenant is entitled to interest on the deposit.
(d) Contain the following disclosure:…
…(2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action…
“The Director of the Office of Lead Hazard Control and Healthy Homes, or his or her designee, may initiate a civil money penalty action against any person who knowingly violates 42 U.S.C. 4852d… The maximum penalty is $21,018 for each violation.”
How Long Can a Residential Lease Be in Florida? In Florida, residential leases of any duration are acceptable. An oral lease agreement is legal and enforceable for any period of less than one year. Lease agreements that exceed one year are permitted, but they must be in writing to comply with the statutes of fraud concerning property transactions. Read more » Is a Contract to Lease Binding in Florida? Yes, a contract to lease (or lease agreement) is legally binding in Florida. Both oral and written lease agreements are legal and enforceable in Florida. Written lease agreements must be signed in order to be legally binding, and the landlord must sign the lease in the presence of two witnesses. Read more » Do Lease Agreements Need to Be Notarized in Florida? No, lease agreements do not need to be notarized in Florida, regardless of the duration of the lease. Landlords and tenants can agree to get a lease notarized if they prefer but it is not required in order for the lease to be legally binding. Read more » Can a Lease Automatically Renew in Florida? Yes, a lease can automatically renew in Florida. With a renewal clause in the lease, the tenant and landlord can continue normally after the original term of the lease expires. If there is renewal clause, the lease is assumed to be terminated on expiration, but will continue as a periodic arrangement if a landlord continues to accept rent payments from the tenant. In Florida, landlords must notify tenants 30 days before the end of the lease period or rent due date in order to terminate. Read more »
