Free Florida Rental Lease Agreement


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?

No

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?

No.

Any statute for late fees?

No

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?

No

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?

Yes.

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?

Yes.

Is entry allowed during a tenant’s extended absence?

Yes

Is notice given to tenants for pesticide use?

No statute.

Are lockouts allowed?

No

Are utility shutoffs allowed?

No.

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.