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FLORIDA RESIDENTIAL LEASE AGREEMENT
(For a term of less than one year, more than one year, or month-to-month)
THIS FLORIDA RESIDENTIAL LEASE AGREEMENT (“Agreement” or “Lease”) is entered into as of ____________________________________, 20____, by and between:
Landlord: ________________________________________________________________________________
Tenant(s): ______________________________________________________________________________
Premises: ________________________________________________________________________________
City: ________________________ County: _______________________, Florida ZIP: ________
Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, on the terms stated in this Agreement.
§ 1. TERM
This Agreement shall commence on ______________________________ (“Commencement Date”). Select one:
☐ A. Lease for Term
This Agreement shall continue as a lease for a specific duration. The termination date shall be on (date) ____________________________ at 11:59 PM. The Lease ends on the stated termination date unless extended or renewed in a written agreement signed by Landlord and Tenant, or unless Florida law requires otherwise. If Landlord willingly accepts new Rent from Tenant that does not constitute past-due Rent, a month-to-month tenancy is created subject to paragraph B below.
If Landlord requires advance written notice from Tenant of Tenant’s intent to vacate at the end of a lease with a specific duration, the required notice period is: ☐ no advance notice beyond vacating by the termination date; or ☐ _____ days’ written notice, not to exceed sixty (60) days before the end of the Lease. If a notice requirement is selected, Landlord must give Tenant written notice of the requirement within fifteen (15) days before the beginning of the notice period, as required by F.S. § 83.575.
☐ B. Month-to-Month Tenancy
This Agreement shall continue as a month-to-month tenancy. Either party may terminate a month-to-month tenancy by giving the other party written notice in the manner permitted by Florida law at least thirty (30) days before the end of the monthly rental period. The termination date must be the last day of a monthly rental period unless Landlord and Tenant agree in writing to a different lawful termination date.
§ 2. RENT
For purposes of this Agreement, “Rent” means base monthly rent and any other recurring charge that this Agreement expressly identifies as additional rent, except that the Security Deposit, pet deposits, and other deposits are not Rent. Landlord may collect all other amounts owed by Tenant as permitted by this Agreement and Florida law.
Tenant shall pay monthly Rent in the following amount:
Rent in words: ______________________________________________________________________ Dollars
Rent in numbers: $ ____________________ per month
Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. If the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.
Acceptable Forms of Payment
☐ Personal check ☐ Money order ☐ Cashier’s check
☐ Electronic transfer / ACH / online payment portal
☐ Other: __________________________________________________
Payment Address
________________________________________________________________________________
________________________________________________________________________________
If any payment by Tenant is returned unpaid or Tenant stops payment, Landlord may require, by written notice, that Tenant pay Rent in certified funds, money order, cashier’s check, or another lawful form specified by Landlord for up to three (3) months and thereafter as reasonably required after repeated returned payments. Landlord may charge a returned-payment fee only to the extent permitted by Florida law and any applicable written demand requirements.
§ 3. SECURITY DEPOSIT
The Security Deposit is not Rent. Tenant deposits the Security Deposit as security for Tenant’s performance of this Agreement, including unpaid Rent, physical damage beyond ordinary wear and tear, unpaid utilities or charges owed under this Agreement, cleaning or restoration charges permitted by law, and other amounts recoverable by Landlord under this Agreement or Florida law.
Upon execution of this Agreement, Tenant shall deposit with Landlord a Security Deposit in the following amount, receipt of which Landlord acknowledges upon Landlord’s signature:
Amount in words: _________________________________________________________________ Dollars
Amount in figures: $ ____________________
Deposit Holding Election (select one)
☐ Non-interest-bearing account. Landlord will hold the Security Deposit and any advance rent covered by F.S. § 83.49 in a separate non-interest-bearing account in a Florida financial institution for Tenant’s benefit. Tenant is not entitled to interest.
☐ Interest-bearing account. Landlord will hold the Security Deposit and any advance rent covered by F.S. § 83.49 in a separate interest-bearing account in a Florida financial institution for Tenant’s benefit and will pay Tenant interest as required by F.S. § 83.49.
☐ Surety bond. Landlord has posted a surety bond as permitted by F.S. § 83.49.
Depository / bond information: ____________________________________________________________
Address: ________________________________________________________________________________
This disclosure is provided under F.S. § 83.49. If Landlord rents fewer than five individual dwelling units, the statutory disclosure requirement in F.S. § 83.49(2) may not apply, but this disclosure is included for clarity.
Timeframe to Return Deposit or Provide Written Notice of Intention to Impose Claim
In accordance with F.S. § 83.49(3), upon vacating of the Premises for termination of this Lease, if Landlord does not intend to impose a claim on the Security Deposit, Landlord shall have fifteen (15) days to return the Security Deposit. If Landlord intends to impose a claim on the Security Deposit, Landlord must, within thirty (30) days after termination of the rental agreement, provide Tenant written notice by certified mail to Tenant’s last known mailing address or by e-mail in accordance with F.S. § 83.505, if the parties have signed the required electronic-delivery addendum.
The notice shall contain a statement in substantially the following form:STATUTORY NOTICE FORM · F.S. § 83.49(3)This is a notice of my intention to impose a claim for damages in the amount of $__________ upon your security deposit, due to ____________________________________________________. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to: ____________________________________________________.
Timeframe for Tenant to Object
Unless Tenant objects to the imposition of Landlord’s claim or the amount thereof within fifteen (15) days after receipt of Landlord’s notice of intention to impose a claim, Landlord may then deduct the amount of Landlord’s claim and shall remit the balance of the deposit to Tenant within thirty (30) days after the date of the notice of intention to impose a claim for damages.
Court Costs and Attorney’s Fees
If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
Statutory Notice Under Florida Statute § 83.49(2)
In accordance with Florida law, Tenant is hereby advised as follows:STATUTORY DISCLOSURE · F.S. § 83.49(2)YOUR RENTAL AGREEMENT 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 PROVIDE YOU WRITTEN NOTICE IN PERSON, BY MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA STATUTES, 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 WRITTEN NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY PROVIDE 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.
§ 4. USE OF PREMISES
The Premises shall be used only as a private residential dwelling by Tenant and the following authorized occupants, subject to lawful occupancy limits and any written reasonable-accommodation approval required by law:
Authorized occupants: ______________________________________________________________________
Tenant may have temporary guests, but no guest may reside at the Premises, receive mail at the Premises, use the Premises as a primary address, or stay more than ______ consecutive days or ______ total days in any ______-day period without Landlord’s prior written consent, except as required by fair housing or other applicable law.
Customary remote work or telework that does not involve customer or employee traffic to the Premises, violate law or association rules, or materially increase insurance or liability risk is permitted. Tenant shall comply with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Premises.
§ 5. CONDITION OF PREMISES
Tenant acknowledges that Tenant has had an opportunity to inspect the Premises before signing this Agreement and accepts the visible condition of the Premises as of move-in, except for conditions identified in a written move-in inspection checklist or written notice to Landlord. This acknowledgment does not waive Landlord’s obligations under F.S. § 83.51 or any nonwaivable rights under Florida law.
Move-in inspection checklist attached: ☐ Yes ☐ No. If attached, the checklist is incorporated for condition documentation only and does not alter statutory duties unless expressly stated and permitted by Florida law.
§ 6. ASSIGNMENT AND SUBLETTING
Tenant shall not assign this Agreement, or sublet or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, subletting, or license shall not be deemed to be a consent to any subsequent assignment, subletting, or license. Any assignment, subletting, or license without Landlord’s prior written consent is unauthorized, is a material noncompliance with this Agreement, and is ineffective to release Tenant from liability unless Landlord signs a written release. Landlord may enforce all remedies available under this Agreement and Florida law.
§ 7. KEYS AND ACCESS DEVICES
Tenant acknowledges receipt of the following keys, remote controls, and other access devices:
Sets of keys to the Premises: ______
Mailbox keys: ______
Garage door openers: ______
Smart-lock or app credentials: ______
If the Premises has common areas or facilities, or if the Premises is subject to membership in a homeowner’s association, Tenant acknowledges receipt of the following:
____ # of keys to __________________________________________________
____ # of remote controls to _____________________________________________
____ # of fobs to ______________________________________________________
____ # of ______________________________ to ____________________________
Upon termination of this Lease for any reason, Tenant shall return all items listed above to Landlord. Tenant shall pay Landlord the reasonable cost of any items not returned or returned damaged.
§ 8. ALTERATIONS AND IMPROVEMENTS
Tenant shall not make alterations, improvements, installations, or modifications to the Premises without Landlord’s prior written consent, except to the extent a reasonable accommodation or reasonable modification is required by applicable fair housing law. Landlord may require restoration, documentation, permits, licensed contractors, and reasonable conditions to the extent permitted by law. Any and all alterations, changes, and/or improvements built, constructed, or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.
§ 9. NON-DELIVERY OF POSSESSION
In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the Rent herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the Rent herein provided from that date. If possession cannot be delivered within thirty (30) days after the Commencement Date through no fault of Landlord or Landlord’s agents, either party may terminate this Agreement by written notice. Upon termination before delivery of possession, Landlord shall return prepaid Rent for periods after termination and any Security Deposit, less only amounts lawfully owed by Tenant independent of occupancy.
§ 10. HAZARDOUS MATERIALS
Tenant shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
§ 11. UTILITIES
Utilities and services shall be arranged and paid as follows:
Electric: ☐ Tenant ☐ Landlord Water/Sewer: ☐ Tenant ☐ Landlord
Gas: ☐ Tenant ☐ Landlord Trash: ☐ Tenant ☐ Landlord
Internet/Cable: ☐ Tenant ☐ Landlord Lawn/Pest/Pool: ☐ Tenant ☐ Landlord
Other: __________________________________________________________________________
Tenant must keep required utilities active in Tenant’s name when this Agreement assigns them to Tenant. Landlord’s remedies for nonpayment or utility violations are limited to remedies permitted by Florida law. Landlord may not interrupt, terminate, or cause interruption of utility service except as expressly permitted by law.
If any utility serving the Premises is master-metered, sub-metered, or allocated using a Ratio Utility Billing System (RUBS), Tenant shall pay Tenant’s allocated share on the schedule and method disclosed in writing by Landlord.
§ 12. MAINTENANCE AND REPAIR; RULES
Landlord shall maintain the Premises as required by F.S. § 83.51 and any other applicable law, except to the extent a written modification is permitted for a single-family home or duplex. Tenant shall maintain the dwelling unit as required by F.S. § 83.52 and this Agreement. Tenant is responsible for damage, waste, misuse, or neglect caused by Tenant, occupants, guests, invitees, or persons on the Premises with Tenant’s consent, ordinary wear and tear excepted.
Single-family home / duplex election, if applicable: ☐ The Premises is a single-family home or duplex, and the attached Maintenance Allocation Addendum modifies Landlord’s maintenance obligations only to the extent permitted by F.S. § 83.51(1). ☐ Not applicable.
Without limiting the foregoing, Tenant shall:
— Not obstruct the driveways, sidewalks, courts, entryways, stairs, and/or halls, which shall be used for the purposes of ingress and egress only;
— Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair;
— Not obstruct or cover the windows or doors;
— Not leave windows or doors in an open position during any inclement weather;
— Not hang any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony nor air or dry any of same within any yard area or space;
— Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
— Keep HVAC filters clean and replace them not less than every ninety (90) days;
— Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and use them only for the purposes for which they were constructed. Tenant shall not deposit foreign objects, grease, wipes (including “flushable” wipes), chemicals, sweepings, rubbish, sand, rags, ashes, or other substances into plumbing fixtures in a manner that may cause obstruction or damage. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
— Maintain order in the Premises and at all places on the Premises and not make or permit any loud or improper noises that disturb other residents;
— Keep all radios, television sets, stereos, and other sound devices turned down to a level of sound that does not annoy or interfere with other residents;
— Deposit all trash, garbage, rubbish, or refuse in the locations provided and not allow any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.
Tenant must comply with any condominium, cooperative, homeowners’ association, community, or building rules that apply to the Premises and are provided to Tenant in writing, as amended from time to time, provided that such rules do not waive Tenant’s nonwaivable rights under Florida law. Rules attached: ☐ Yes ☐ No.
§ 13. INSURANCE
Renter’s insurance: ☐ Required ☐ Recommended but not required. If required, Tenant must maintain renter’s insurance with personal-property and liability coverage of at least $____________ per occurrence and must provide proof of coverage upon Landlord’s request. Landlord is not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property or vehicles.
Landlord advises Tenant to carry renter’s insurance to protect Tenant from loss or damage to Tenant’s property and from personal liability. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.
§ 14. DAMAGE TO PREMISES
In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The Rent provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying Rent up to such date and Landlord refunding Rent collected beyond such date.
If the Premises are damaged or destroyed other than by the wrongful or negligent act of Tenant so that Tenant’s enjoyment of the Premises is substantially impaired, Tenant may terminate this Agreement and immediately vacate the Premises, or Tenant may vacate the part of the Premises rendered unusable, in which case Tenant’s liability for Rent shall be reduced by the fair rental value of the damaged or destroyed part, as provided by F.S. § 83.63. If this Agreement is terminated, Landlord shall comply with F.S. § 83.49(3). Landlord shall give Tenant the opportunity to collect Tenant’s belongings when safe to do so, or notice of the date by which Tenant may collect belongings within a reasonable time.
§ 15. LANDLORD’S ACCESS
Landlord may enter the Premises at any time for the protection or preservation of the Premises. Tenant may not unreasonably withhold consent for Landlord to enter the Premises for inspection; necessary or agreed repairs, decorations, alterations, or improvements; supplying agreed services; or exhibiting the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. Except in an emergency, for protection or preservation of the Premises, by Tenant’s consent, when Tenant unreasonably withholds consent, or during a qualifying absence under F.S. § 83.53, Landlord will enter only after reasonable notice and at a reasonable time. For repairs, reasonable notice is at least twenty-four (24) hours and reasonable time is between 7:30 a.m. and 8:00 p.m. Landlord shall not abuse the right of access or use it to harass Tenant.
§ 16. SUBORDINATION OF LEASE
This Agreement and Tenant’s interest are subordinate to mortgages, liens, and encumbrances on the Premises, and to renewals, extensions, and modifications of them, except to the extent prohibited by applicable law. This clause does not waive any notice or occupancy rights Tenant may have under applicable federal or Florida law following foreclosure.
§ 17. TENANT’S HOLD OVER
If Tenant remains in possession after expiration of this Agreement with Landlord’s written consent, a month-to-month tenancy is created unless the parties sign a different written agreement. The month-to-month tenancy is subject to all terms of this Agreement that are consistent with a month-to-month tenancy, including monthly Rent of $ ______________, and may be terminated by either party under F.S. § 83.57. If Tenant remains in possession after expiration without Landlord’s consent, Landlord may recover possession and may recover double the amount of Rent due for the period Tenant refuses to surrender possession, as permitted by F.S. § 83.58.
§ 18. SURRENDER OF PREMISES
At the end of the tenancy, Tenant shall surrender the Premises vacant, clean, free of trash and personal property, with all keys/access devices returned, and in the same condition as at commencement, except for ordinary wear and tear and casualty damage not caused by Tenant or persons for whom Tenant is responsible. Tenant remains liable for damage, cleaning, trash removal, missing access devices, unpaid charges, and other amounts recoverable under this Agreement or Florida law.
§ 19. ANIMALS
Pets are permitted only if approved in writing by Landlord or listed in an attached Pet Addendum. Approved pets: __________________________________________________. No other animals are permitted without Landlord’s prior written consent. Service animals and assistance animals approved or required as a reasonable accommodation under applicable fair housing or disability law are not pets, are not subject to pet rent, pet fees, pet deposits, species restrictions, or pet limits, and may be addressed in a separate reasonable-accommodation approval.
Pet Charges, if Applicable
Refundable pet deposit: $ ____________________
Nonrefundable pet fee: $ ____________________
Monthly pet rent: $ ____________________
Nonrefundable pet fees are earned when paid and are not part of the Security Deposit, except to the extent applicable law requires otherwise.
§ 20. QUIET ENJOYMENT
Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold, and enjoy said Premises for the term hereof.
§ 21. INDEMNIFICATION
To the fullest extent permitted by law, Tenant shall be responsible for, and shall indemnify and hold Landlord harmless from, claims, losses, damages, liabilities, costs, and reasonable attorney’s fees arising from the negligent, wrongful, or intentional acts or omissions of Tenant, occupants, guests, invitees, agents, employees, or persons on the Premises with Tenant’s consent; Tenant’s breach of this Agreement; or animals kept or allowed by Tenant. This provision does not waive or limit Landlord’s liability for Landlord’s own negligence, wrongful conduct, statutory duties, or any liability that may not be waived under Florida law.
§ 22. DEFAULT
If Tenant fails to perform or comply with any provision of this Agreement, Landlord may give the notice required by Florida law. For failure to pay Rent, Landlord may deliver a written notice requiring Tenant to pay the Rent or vacate within three (3) days, excluding Saturday, Sunday, and legal holidays, as provided by F.S. § 83.56(3).
For noncompliance that is of a nature that Tenant should not be given an opportunity to cure, including destruction, damage, or misuse of Landlord’s or other tenants’ property by intentional act, or a subsequent or continued unreasonable disturbance, Landlord may deliver a seven (7) day notice of termination as permitted by F.S. § 83.56(2)(a). For curable noncompliance, including unauthorized pets, guests, vehicles, parking violations, or failure to keep the Premises clean and sanitary, Landlord may deliver a seven (7) day notice to cure as permitted by F.S. § 83.56(2)(b). If the same or similar noncompliance recurs within twelve (12) months after a cure notice, Landlord may proceed as permitted by F.S. § 83.56(2)(b).
If Tenant fails to cure or vacate within the applicable statutory notice period, Landlord may terminate this Agreement and pursue possession, damages, Rent, costs, and other remedies as permitted by Florida law. If Tenant does not voluntarily surrender possession, Landlord must recover possession through the legal process required by Florida law and may not use prohibited self-help remedies.
If Tenant breaches this Agreement, abandons, surrenders, or is removed after Landlord obtains a writ of possession, Landlord may elect the remedies permitted by F.S. § 83.595, including retaking possession for Landlord’s account, retaking possession for Tenant’s account with good-faith reletting and credit for rent received, standing by and holding Tenant liable for rent as it comes due, or charging liquidated damages or an early termination fee only if the parties have signed a compliant separate addendum.
Landlord may report unpaid amounts to credit agencies and may seek the assistance of credit collection third parties to collect any unpaid amounts. If Tenant defaults or moves out before the expiration of the term, Tenant shall pay Landlord any amounts identified in writing as rental discounts or concessions in addition to any other amounts due. Landlord may exercise these rights only as permitted by applicable consumer-reporting, debt-collection, and Florida landlord-tenant law.
§ 23. LATE CHARGE
If Rent is not received by Landlord by ____:____ __.m. on the ______ day after it is due, Tenant shall pay a late fee of $ ______________ or ______% of the overdue Rent, whichever is selected here: ☐ fixed amount ☐ percentage. The late fee must be reasonable and is intended to compensate Landlord for administrative cost, inconvenience, and collection risk, not as a penalty. Acceptance of a late fee does not waive Landlord’s right to require timely payment or serve any notice permitted by Florida law.
Late fee in words: _____________________________________________________________ Dollars
Late fee in numbers: $ ____________________
§ 24. ABANDONMENT
If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. If Tenant abandons the Premises, Landlord may recover possession and elect the remedies permitted by F.S. § 83.595, including reletting the Premises for Tenant’s account in good faith and crediting rent received as required by law.
Statutory Waiver Under F.S. § 83.67(5)
The parties agree that the following statutory waiver, printed in conspicuous type as required by F.S. § 83.67(5), is incorporated into this Agreement:STATUTORY WAIVER · F.S. § 83.67(5)BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
§ 25. ATTORNEYS’ FEES
In any civil action brought to enforce this Agreement or Chapter 83, Part II, Florida Statutes, the prevailing party may recover court costs and reasonable attorney’s fees as permitted by Florida law, except where a different rule applies by statute.
§ 26. RECORDING OF AGREEMENT
Tenant shall not record this Agreement or any memorandum of this Agreement without Landlord’s prior written consent. Unauthorized recording is a material noncompliance, and Landlord may require Tenant to remove or release the recording and may pursue remedies permitted by this Agreement and Florida law.
§ 27. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of Florida, without regard to its conflict-of-laws principles. The exclusive venue for any action arising out of or related to this Agreement shall be the courts of the county in which the Premises is located.
§ 28. SEVERABILITY
If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
§ 29. SUCCESSORS; JOINT AND SEVERAL LIABILITY
All rights and liabilities afforded to, or imposed upon, Landlord and Tenant under this Agreement shall extend to and bind their several respective heirs, administrators, executors, successors, and assigns. If more than one person or entity executes this Agreement as Tenant, all such Tenants, whether or not in actual possession of the Premises, are jointly and severally liable for all provisions of and all obligations arising under this Agreement. No rights inure to the benefit of any assignee, subtenant, occupant, or licensee of Tenant unless Landlord approves the assignment, sublease, occupancy, or license in writing.
§ 30. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
§ 31. CONSTRUCTION
Words used in the singular include the plural, and words used in the plural include the singular, as the context requires. References to a person include individuals and entities where appropriate.
§ 32. NON-WAIVER
No delay, indulgence, waiver, election, or non-election by either party is a waiver of that party’s rights or remedies unless the waiver is in a written document signed by the waiving party. Acceptance of Rent is governed by Florida law, including any applicable waiver rules in Chapter 83.
§ 33. MODIFICATION
The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the parties hereto.
§ 34. RADON NOTIFICATION
Pursuant to Florida Statute § 404.056(5), Tenant is notified:STATUTORY NOTICE · RADON GAS · F.S. § 404.056(5)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.
§ 35. HIGH-RISE FIRE-PROTECTION DISCLOSURE
Select one:
☐ The Premises is not located in a building exceeding three (3) stories.
☐ The Premises is located in a building exceeding three (3) stories. Landlord discloses the availability or lack of availability of fire-protection systems for the building as follows:
________________________________________________________________________________
________________________________________________________________________________
§ 36. LANDLORD / AUTHORIZED NOTICE RECIPIENT DISCLOSURE
In accordance with F.S. § 83.50, Landlord, or the person authorized to receive notices and demands on Landlord’s behalf, is:
Name: _________________________________________________________________________
Address: _______________________________________________________________________
City/State/ZIP: ___________________________________________________________________
E-mail, if elected under F.S. § 83.505: _________________________________________________
This person retains authority to receive notices and demands until Tenant is notified otherwise as required by Florida law.
§ 37. NOTICE
Notices must be given in writing and delivered by a method permitted by this Agreement and applicable Florida law, including personal delivery, mail, certified mail where required or selected, posting where permitted for statutory notices, or e-mail only if the parties have signed the F.S. § 83.505 Electronic Notice Addendum. If a specific statute requires a particular method, that statutory method controls.
E-mail delivery of notices required under Chapter 83, Part II, Florida Statutes, is effective only if Landlord and Tenant sign the separate Electronic Notice Addendum required by F.S. § 83.505 and designate valid e-mail addresses. A courtesy e-mail that does not comply with F.S. § 83.505 does not replace any notice method required by law.
If to Landlord
_________________________________________________________ Landlord’s Name
_________________________________________________________ Landlord’s Address
_________________________________________________________ Landlord’s City, State, ZIP
_________________________________________________________ Landlord’s E-Mail Address
If to Tenant
_________________________________________________________ Tenant’s Name
_________________________________________________________ Tenant’s Address
_________________________________________________________ Tenant’s City, State, ZIP
_________________________________________________________ Tenant’s E-Mail Address
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Tenant’s waiver of notice regarding storage or disposition of personal property after surrender or abandonment is stated in the Abandonment section and is intended to comply with F.S. § 83.67(5) and, where applicable, F.S. § 715.104.
§ 38. MILITARY / SERVICEMEMBER
Nothing in this Agreement waives or limits any termination or other right available to a servicemember under applicable federal or Florida law.
§ 39. SMOKE ALARMS AND CARBON MONOXIDE DETECTORS
Tenant acknowledges that, on the Commencement Date, the Premises is equipped with operational smoke alarms (and, where applicable under F.S. § 553.885, carbon monoxide alarms). Tenant shall test the alarms at least monthly, replace batteries as needed, and immediately notify Landlord in writing of any malfunction. Tenant shall not disable, remove, or tamper with any alarm.
§ 40. MOLD AND MOISTURE
Tenant shall maintain reasonable ventilation in the Premises and shall promptly notify Landlord in writing of: (a) any active water leak; (b) any visible mold or mildew; (c) any flooding or water intrusion; and (d) any HVAC malfunction that affects humidity. Tenant shall not paint over, cover up, or attempt remediation of any suspected mold. Landlord shall investigate and, if necessary, remediate any reported condition consistent with Landlord’s obligations under F.S. § 83.51.
§ 41. FAIR HOUSING
This Agreement is offered to Tenant without regard to race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, disability, or any other class protected by the federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.), the Florida Fair Housing Act (F.S. §§ 760.20–760.37), or applicable local law.
§ 42. SURVIVAL
The provisions of this Agreement relating to indemnification, payment obligations accrued prior to termination, attorney’s fees and costs, holdover damages under F.S. § 83.58, the statutory waiver under F.S. § 83.67(5), and any other provision that by its nature would survive termination, shall survive the expiration or earlier termination of this Agreement.
§ 43. ADDITIONAL PROVISIONS; DISCLOSURES
Attached addenda and disclosures. The following addenda/disclosures are attached and incorporated if checked:
☐ Lead-Based Paint Disclosure and EPA pamphlet acknowledgment (required for most pre-1978 housing; 42 U.S.C. § 4852d)
☐ Flood Disclosure in separate written form (required for leases of one year or longer under F.S. § 83.512)
☐ Electronic Notice Addendum (required before statutory notices may be delivered by e-mail under F.S. § 83.505)
☐ Fee in Lieu of Security Deposit Addendum (required if Landlord offers a fee option under F.S. § 83.491)
☐ Pet Addendum
☐ Assistance Animal / Reasonable Accommodation Approval, if applicable
☐ Move-In Condition Checklist
☐ HOA / Condominium / Community Rules
☐ Maintenance Allocation Addendum for single-family home or duplex, if applicable
☐ Renter’s Insurance Requirements
☐ Utility Allocation / Submetering Addendum
☐ Smoke / Carbon Monoxide Alarm Acknowledgment, if applicable
☐ Mold / Moisture Notice, if applicable
☐ Local or municipal disclosure addendum: ___________________________________________
☐ Early Termination / Liquidated Damages Addendum under F.S. § 83.595(4)
☐ Military / Servicemember savings (included in base Lease)
☐ Other: _______________________________________________________________________
Additional Provisions, if any
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Triggers
Flood Disclosure: If the Lease term is one (1) year or longer, Landlord must complete and provide the separate Flood Disclosure required by F.S. § 83.512 at or before execution of this Agreement. The separate form must not be replaced by a brief statement in this Additional Provisions section.
Lead-based paint election: ☐ Premises was built before 1978 and the Lead-Based Paint Disclosure is attached. ☐ Premises was built in 1978 or later. ☐ Year built unknown; Landlord must verify before execution.
Fee in Lieu: If Landlord offers Tenant the option to pay a fee in lieu of a security deposit, Landlord and Tenant must complete and sign a separate Fee in Lieu of Security Deposit Addendum that complies with F.S. § 83.491. Unless such addendum is signed, no fee in lieu of security deposit is offered or agreed.
Early Termination: If Landlord offers an early termination fee or liquidated damages option under F.S. § 83.595(4), Landlord and Tenant must complete and sign the separate statutory addendum. Unless that addendum is signed, Landlord’s remedies are limited to the remedies otherwise permitted by F.S. § 83.595 and this Agreement.
EXECUTION
The parties have executed this Agreement and agree to be bound by its terms as of the date first written above.
If Landlord is an entity, trust, estate, or represented owner
Entity / Owner Name: ____________________________________________________________
Authorized Signer and Title / Capacity: ______________________________________________
Landlord:
LANDLORD (“LANDLORD”):
Sign: _________________________________________ Print: _________________________________________
LANDLORD (“LANDLORD”):
Sign: _________________________________________ Print: _________________________________________
Tenant:
TENANT (“TENANT”):
Sign: _________________________________________ Print: _________________________________________
TENANT (“TENANT”):
Sign: _________________________________________ Print: _________________________________________
TENANT (“TENANT”):
Sign: _________________________________________ Print: _________________________________________
TENANT (“TENANT”):
Sign: _________________________________________ Print: _________________________________________
Completion-Assistance Disclosure, if applicable
The following individual assisted with completion of this Lease. This person is not a party to the Lease and is not authorized to receive notices or demands unless separately identified in the Landlord / Authorized Notice Recipient Disclosure.
________________________________________________________ Individual’s Name
________________________________________________________ Individual’s Address
________________________________________________________ Individual’s City, State, ZIP
________________________________________________________ Individual’s Phone Number
________________________________________________________ Individual’s E-Mail Address
A Florida residential lease agreement is a binding contract between a landlord and tenant for renting a house, apartment, condominium, duplex, or other residential dwelling in Florida. A strong Florida lease should do more than list the rent amount — it should document the lease term, deposits and advance rent, statutory notices, landlord access, habitability duties, termination rules, disclosures, and any property-specific addenda.
This package is designed for use under Florida's Residential Landlord and Tenant Act, Fla. Stat. Chapter 83, Part II, and addresses current Florida lease issues including security-deposit handling, electronic notice options, radon disclosure language, flood-disclosure requirements for qualifying leases, landlord entry rules, month-to-month termination, and supporting key-control materials for covered apartment properties.
Florida package focus: the free preview shows the lease agreement, while the purchased package includes the editable lease, cover page, Florida-specific addenda and disclosures, and Miya's Law key-control materials for covered apartment properties.
| Requirement | What the Law Says | Citation |
|---|---|---|
| Governing law | Florida residential tenancies are governed primarily by Chapter 83, Part II of the Florida Statutes. | §§ 83.40–83.682 |
| Security deposit cap | Florida does not impose a general statewide cap on residential security deposits. | — |
| Deposit handling | Deposits and advance rent must be held in a qualifying Florida account or covered by a surety bond, subject to statutory requirements. | § 83.49(1) |
| Deposit notice | The lease or written notice must disclose how deposits and advance rent are held within 30 days after receipt; landlords renting fewer than five individual dwelling units are exempt from this notice subsection. | § 83.49(2) |
| Deposit return | If no claim is made, the deposit must be returned within 15 days. If the landlord makes a claim, notice must be sent within 30 days and the tenant generally has 15 days to object. | § 83.49(3) |
| Fee in lieu of security deposit | Florida allows a landlord to offer a tenant the option to pay a recurring nonrefundable fee instead of a required security deposit, but the option must be voluntary and documented in a signed written agreement with required disclosures and terms. | § 83.491 |
| Electronic notices | Landlord and tenant may elect to send and receive statutory or rental-agreement notices by e-mail using the required written election language. | § 83.505 |
| Flood disclosure | For rental agreements of one year or longer, landlord must provide a separate flood disclosure at or before execution. | § 83.512 |
| Radon disclosure | Required radon gas notification must be provided in connection with execution of a rental agreement, subject to the statutory transient-occupancy exception. | § 404.056(5) |
| Landlord entry | For repairs, reasonable notice means at least 24 hours, and reasonable time is between 7:30 a.m. and 8:00 p.m.; statutory exceptions apply. | § 83.53 |
| Landlord duties | Landlord must comply with applicable building, housing, and health codes, or maintain required building components and facilities where no applicable code exists. | § 83.51 |
| Tenant duties | Tenant must keep the premises clean and sanitary, avoid damage, comply with legal obligations, and not disturb others. | § 83.52 |
| Month-to-month termination | Either party may terminate a month-to-month tenancy by giving at least 30 days' written notice before the end of the monthly period. | § 83.57 |
| Miya's Law / apartment key controls | Covered apartment/public lodging properties must address employee screening and key issuance, return, storage, and access controls. | §§ 83.515, 509.211(5) |
The free preview above shows the Florida residential lease agreement only. The purchased package includes the editable lease, cover page, Florida-specific addenda and disclosure materials, and key-control materials for covered apartment properties.
For apartment properties subject to Florida's Miya's Law access-control requirements, the package also includes:
No. Florida does not impose a general statewide cap on residential security deposits. However, landlords who collect a security deposit or advance rent must follow Florida's deposit-handling, notice, and return procedures under Fla. Stat. § 83.49.
If the landlord does not intend to make a claim, the deposit must be returned within 15 days after the tenant vacates. If the landlord intends to impose a claim, written notice must be sent within 30 days, and the tenant generally has 15 days after receiving the notice to object. See Fla. Stat. § 83.49(3).
Yes. If a rental agreement requires a security deposit, Florida law allows a landlord to offer the tenant the option to pay a recurring nonrefundable fee instead, but the fee option must be voluntary and documented in a signed written agreement with the notices, disclosures, and terms required by Fla. Stat. § 83.491. This package includes an optional Fee in Lieu of Security Deposit Addendum for landlords who want to offer that alternative.
For repairs, Florida law defines reasonable notice as at least 24 hours before entry, and reasonable time as between 7:30 a.m. and 8:00 p.m. The statute also allows entry in certain situations such as emergencies, tenant consent, unreasonable withholding of consent, or extended tenant absence. See Fla. Stat. § 83.53.
Yes. Florida requires specified radon gas notification language in connection with execution of a rental agreement for a building, subject to the statutory transient-occupancy exception. See Fla. Stat. § 404.056(5).
Yes, for qualifying leases. For rental agreements of one year or longer, the landlord must provide a separate flood disclosure to the prospective tenant at or before execution of the rental agreement. See Fla. Stat. § 83.512.
A month-to-month Florida tenancy may generally be terminated by either party with at least 30 days' written notice before the end of the monthly period. See Fla. Stat. § 83.57.
Yes. For apartment properties subject to Florida's Miya's Law access-control requirements, this package includes a sample key release form, key issuance and return policies and procedures, and a key issuance and return log designed to help landlords document key-control procedures. See Fla. Stat. §§ 83.515 and 509.211(5).
(Typical legal consultation: $119–$224)