Florida Residential Lease Agreement

Introduction

This comprehensive guide covers all essential aspects of Florida residential lease agreements, including required disclosures, security deposit regulations, rent payment rules, landlord entry rights, lease termination procedures, and tenant remedies. All information is verified against current Florida statutes and regulations.

Required Disclosures

Florida law requires landlords to provide specific disclosures to tenants before or at the time of lease execution. These mandatory disclosures ensure tenants are fully informed about the property and their rights.

Landlord's Name and Address

The lease agreement must include the names and addresses of all individuals responsible for sending and receiving legal notices. This information must be provided to all tenants before the lease commences. ^[1]

Lead-Based Paint Disclosure

For properties constructed before 1978, federal law requires landlords to provide a lead-based paint disclosure to all tenants. The disclosure must report whether lead paint is known to exist on the premises and include an EPA-approved information pamphlet. ^[2]

Radon Gas Disclosure

Before executing any lease agreement, Florida landlords must provide all tenants with a radon gas disclosure. ^[3] The required disclosure language is:

"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."

Security Deposit Disclosure

Landlords with five or more individual residential units must provide tenants with written notice about their security deposits. Unless included in the lease itself, this notice must be issued within 30 days after collecting the deposit. ^[4] The required disclosure language is extensive and includes information about how deposits are held, the claims process, and tenant rights.

Flood Risk Disclosure

**INDEPENDENT DISCOVERY:**For rental agreements with a term of 1 year or longer, landlords must provide flood risk disclosure at or before lease execution. ^[5] The landlord must disclose:

• Whether flooding has damaged the dwelling unit during the landlord's ownership*
• Whether the landlord has filed flood damage claims with any insurance provider, including the National Flood Insurance Program*
• Whether the landlord obtained aid for flood damage from sources such as FEMA*

Landlords must also inform tenants that renters' insurance policies typically do not include flood coverage and encourage them to obtain separate flood insurance. If a landlord fails to provide this disclosure and the tenant experiences substantial flooding damage (50% or more of property value), the tenant may terminate the lease within 30 days and receive a refund of prepaid rent.

Electronic Delivery of Notices (Optional)

While not a mandatory disclosure, Florida law allows landlords and tenants to agree to electronic delivery of notices via email. ^[6] Both parties must sign a written addendum consenting to electronic delivery and providing their email addresses. Either party may revoke this agreement at any time. If both parties agree, all required notices under Florida landlord-tenant law may be sent electronically.

Security Deposits

Maximum Amount

Florida law does not impose a maximum limit on the amount landlords may charge for security deposits. ^[7] The deposit amount is negotiated between the landlord and tenant and should be specified in the lease agreement.

Interest Requirements

Landlords are not required to pay interest on security deposits, but may choose to do so. If interest is collected, the tenant must receive either 75% of the annualized average interest rate or 5% simple interest annually. ^[8]

Separate Bank Account Requirement

Security deposits must be deposited in a Florida bank account, and the funds cannot be commingled with other money. ^[9] Landlords must notify tenants within 30 days of receiving the deposit about where it is being held and whether it is in an interest-bearing or non-interest-bearing account. ^[10]

Returning the Deposit

The timeline for returning security deposits depends on whether the landlord intends to make deductions:**No Deductions: **If no deductions are made, the landlord must return the full deposit (plus any accrued interest) within 15 days after the tenant moves out. ^[11]

**With Deductions:**If the landlord plans to make deductions for damages, they must notify the tenant within 30 days of move-out. ^[12] The tenant then has 15 days to object to the deductions. If no objection is raised, the remaining funds must be returned within 30 days from the initial notice date.

Itemized Deduction List

If the landlord deducts from the security deposit, they must provide the tenant with a written, itemized statement explaining the reason and amount of each deduction. ^[13]

Rent Payments

Due Date and Grace Period

Florida law does not mandate a grace period for rent payments. ^[14] Unless the lease specifies otherwise, rent is due at the start of each rental period (typically the first day of the month). If rent is not paid on time, the landlord may immediately begin eviction proceedings by issuing a 3-day notice to quit.

Late Fees

Florida law does not define a maximum late fee amount. ^[15] Landlords may charge any amount for late rent, but unreasonable fees may not be enforceable in court. Late fees must be specified in the lease agreement to be valid.

NSF (bad Check) Fees

When a tenant issues a check or electronic payment that is returned for insufficient funds, Florida law permits the landlord to charge a service fee. ^[16] The fee structure is as follows:

• $25 for checks of $50 or less*
• $30 for checks greater than $50 but not exceeding $300*
• $40 for checks exceeding $300 but not exceeding $800*
• 5% of the face value for checks exceeding $800*

The landlord may charge whichever amount is greater: the tiered fee or 5% of the check amount.

Withholding Rent

Tenants may withhold rent if the landlord fails to fulfill obligations required by the lease or Florida law. ^[17] However, before withholding rent, the tenant must notify the landlord in writing and provide seven days to remedy the issue. If the landlord fails to address the problem within this period, the tenant may then withhold rent or pursue other legal remedies.

Landlord's Right to Enter

Standard Access With Notice

Landlords may enter rental units for repairs, inspections, and other legitimate purposes by providing "reasonable notice" to the tenant. ^[18] For repair purposes, reasonable notice is defined as at least 24 hours prior to entry. Entry must occur during reasonable times, which Florida law specifies as between 7:30 AM and 8:00 PM.

**FACT-CHECK RESOLVED:**One source incorrectly stated 12-hour notice. Florida Statute § 83.53(2) clearly requires 24-hour notice for repairs.

Immediate Access (no Notice Required)

Landlords may enter without providing advance notice in the following circumstances: ^[19]

• The tenant consents to entry*
• There is an emergency requiring immediate access*
• The tenant unreasonably withholds consent for entry*
• The tenant has been absent from the property for a period equal to one-half of the rental payment period (e.g., 15 days for a monthly lease)*

Florida law prohibits landlords from abusing the right of entry as a means of harassing tenants.

Breaking a Lease

Non-Payment of Rent

If a tenant fails to pay rent, the landlord must issue a 3-day notice before terminating the lease and filing for eviction. ^[20] The notice gives the tenant three days to pay the overdue rent or vacate the premises. If the tenant does neither, the landlord may proceed with a formal eviction lawsuit.

Non-Compliance (lease Violations)

For violations of the lease agreement or Florida landlord-tenant law (other than non-payment), landlords must issue a 7-day notice to cure. ^[21] This notice gives the tenant seven days to correct the violation. If the tenant fails to comply, the landlord may terminate the lease and pursue eviction.

Illegal Lockouts

Unless the tenant has abandoned the property or has been evicted through a court order, landlords cannot change the locks or otherwise restrict the tenant's access to the rental unit. ^[22] Self-help evictions are illegal in Florida, and landlords who engage in lockouts may face civil penalties and be required to pay the tenant's attorney fees.

Early Termination by Tenant

When a tenant abandons the rental unit before the lease term ends, the landlord has several options: ^[23]

• Terminate the rental agreement immediately*
• Take no action while holding the tenant liable for all remaining rent payments*
• Re-rent the property while holding the tenant liable for rent owed during any vacancy period*
• Charge liquidated damages or an early termination fee of up to two months' rent (only if this option is explicitly stated in the lease agreement)*

Lease Termination

Month-To-Month Tenancy

To terminate a month-to-month lease in Florida, either the landlord or the tenant must provide a 30-day written notice. ^[24] The notice must be delivered at least 30 days before the end of the monthly rental period. No reason is required for termination—either party may end the tenancy without cause.

Unclaimed Property

After a tenant moves out, the landlord must send written notice to the tenant describing any abandoned belongings left behind. ^[25] The notice must include:

• A description of the abandoned property*
• Storage fees (if applicable)*
• The location where property can be claimed*
• The deadline for claiming property (10 days if delivered in person, 15 days if sent by mail)*

Sale of Unclaimed Property

If the tenant does not claim the property within the notice period, the landlord must handle it according to its value: ^[26]

**Property worth $500 or less:**The landlord may keep, dispose of, or donate the property at their discretion.

**Property worth more than $500:**The property must be sold at a public auction by competitive bidding. The proceeds, minus storage and advertising costs, must be deposited with the county treasury.