Free Florida Rental Lease Agreement

Sample Florida Rental Lease Agreement


THIS RESIDENTIAL LEASE (the "Lease") dated this ___ day of ____________________,20___.



(the "Landlord")

- AND-


(the "Tenant")

(individually the "Party" and collectively the "Parties")

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Florida, ______________________ (the "Property"), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the "Rent").
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Florida, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Florida.
  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Florida (the "Act"), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.
  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.
  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  25. The Tenant will not engage in any illegal trade or activity on or about the Property.
  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _______________
    2. Address: ______________________, ______________________, State of Florida, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or checks returned by the Tenant's financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

Landlord: _______________

Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

Tenant: _______________


Lead-Based Paint Disclosure

Property: ______________________, ______________________, Florida, ______________________
Landlord: _______________
Tenant: _______________

Landlord's Disclosure


  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

 Landlord: _______________

per: _________________________________

Tenant's Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord's Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

 Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website

Asbestos Disclosure

Property: ______________________, ______________________, Florida, ______________________
Landlord: _______________
Tenant: _______________

Landlord's Disclosure


  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

 Landlord: _______________

per: _________________________________

Tenant's Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord's Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Florida Rental Lease Agreement

If you are looking for rental property in the state of Florida, there are rules you should take note off before you sign any papers. Before filling in our Florida rental lease agreement form, here are the laws governing landlords and tenants.

  • Official Rules and Regulations

    • Florida Statutes – Landlord and Tenant – Title VI, Chapter 83

Security Deposit

What is security deposit maximum?

There is no statute

Is a security deposit interest required?

No. But, it is allowed. If a landlord collects interest, the interest must be in the Florida banking institution, and the tenant received 75 percent of the earnings. No interest is due to any tenant who wrongfully terminates his/ her tenancy before the end of the rental term.

Should the landlord hold separate deposit bank account?

Yes, because the landlords aren’t allowed to commingle funds. The landlords can post a surety bond.

Are there pet deposits and additional non-refundable fees?

No, there is no statute governing this though it is typically allowed and it is customary.

When is the deadline for returning the security deposit?

15 days if a full refund and 30 days if the tenant is withholding any amount.

Should there be a written description or an itemized list of charges and damages?

Yes. And, the landlord must send notice using the exact language found in the Florida Statutes.

Should the landlord issue a receipt for the security deposit?

Yes. It is required that the receipt is given to the tenant within 30 days. The landlord must identify the manner in which the money is held and the value of the interest rate if any. Florida has special rules pertaining to receipt notification

Lease, Fees, and Rent

Is there a statute governing rent increase notices?


When is the rent due?

Upon a rental lease agreement in Florida, rent is due at the beginning of every period, and the rent is uniformly apportionable from day to day.

Is there a statute on application fees?


Any statute for late fees?


Are there returned check fees?

If a financial institution returns a payment, the landlord can impose a service charge of $25, if the face value isn’t more than $50 and $30 if the face value is more than $50 but, not exceeding $300. If the returned payment has a face value of more than $300, then a $40 service charge is charged or 5 percent the face amount: whichever is higher.

Is there a statute for prepaid rent?


Is a tenant allowed to withhold rent for the landlord’s failure to provide essential services like water and heat? Yes.

Is the tenant allowed to repair and deduct rent?

No statute

Can the landlord recover court and attorney fees?


Should the landlord make a reasonable attempt to mitigate damages to the lessee, including the attempts to re-rent?

No. The landlord is under no obligation to re-rent during a breach of the lease by the tenant.

Notices and Entry

How long does a notice to terminate a yearly lease last?

At least 60 days before the end of the annual period

How long is the notice to terminate a quarter-to-quarter lease?

At least 30 days prior to the end of the quarterly period.

How long is the notice to terminate a month-to-month lease?

At least 15 days before the end of any monthly period.

How long is the notice to terminate a week-to-week lease?

Not less than seven days before the end of any weekly period.

Should there be a notice of date/ time of move-out inspection?

No statute

How long is the notice for the termination of a lease for nonpayment?

3-days’ notice, excluding public holidays, Saturday and Sunday.

How long is the notice of eviction for lease violation?

The tenant will have seven days to remedy the issue or the landlord files for eviction and termination of the lease.

How long is the required notice before entry?

12 hours, unless otherwise agreed upon.

Is entry allowed with notice for the non-emergency maintenance and repairs?

12 hours

Is emergency entry allowed without any notice?


Is entry allowed during a tenant’s extended absence?


Is notice given to tenants for pesticide use?

No statute.

Are lockouts allowed?


Are utility shutoffs allowed?


Is there a penalty for self-help evictions?

In case a landlord performs a self-help eviction, he or she shall be liable to the tenant for the actual and any consequential damages, or up to 3 months’ worth of rent, whichever is greater. The landlord will also cover the attorney fees/

Subsequent/ repeated violations not contemporaneous with the initial violation will be subject to a separate award of damages.

Should there be proper notice for the abandoned property?

Yes, the first notice should in first-class mail, pre-paid postage.

  • Disclosures and Miscellaneous Notes

    • In the rental lease agreement in Florida, the landlord or the property owner isn’t allowed to evict tenants without going through the legal process – self-help evictions.

    • For buildings with three or more stories, the landlord must divulge information on the availability or the lack of fire protection.

    • Before, or at the commencement of the tenancy, the landlord shall provide their name and addresses or the details or the party authorized to receive notices and demands on behalf of the landlord.

    • All notifications shall be provided on at least one document, application, or form executed at the time of, or before the contract for sale and purchase of the building/execution of the rental agreement for the building.

    • The notification will be available in this language: “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.” (404.056(5))

    • The landlord will not prevent tenants from displaying the United States Flag.

    • The landlord isn’t responsible for personal property theft on the premises

    • The landlord cannot add clauses that force either party to forfeit or waive rights, remedies, liabilities, and requirements set by the law.

    • It is unlawful for a landlord to raise rent discriminatorily.

    • Retaliation

  • Court Related cases

    • Small claims court limits: $5,000 or less, excluding interest, costs and attorney fees.

    • Eviction cases are allowed

    • Small Claims Rules

    • The Statute of Limitations allows for written contracts to last five years and the oral contracts to last four years.

Business Licenses and Fees

Like most other states, there are no state-wide statutes requiring business licenses, but the local authorities may demand them.

Rental units in Miami require Residential Real Estate Sign Permits for single-family units ($5.00), and Commercial Real Estate Sign Permits for apartment units ($15.00). The permit is a sticker you can place on the sign. The sticker is valid for one year from the date of purchase.

You can fill in your rental lease agreement form online.


FL Rental Lease Agreement

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