Florida Standard Residential Lease Agreement

Introduction

A Florida residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This agreement outlines the rights and responsibilities of both parties under the Florida Residential Landlord and Tenant Act. ^[1]

Florida law provides comprehensive regulations governing residential tenancies, including required disclosures, security deposit handling, rent payment terms, maintenance obligations, and eviction procedures. Recent legislative changes in 2023, 2024, and 2025 have significantly updated these requirements.

Legal Framework

Governing LawFlorida residential tenancies are governed by the Florida Residential Landlord and Tenant Act, found in Florida Statutes Chapter 83, Part II (Sections 83.40-83.683). ^[1]

**State Preemption (2024 Update)**Effective July 1, 2024, Florida law preempts ALL local landlord-tenant regulations. Over 40 local ordinances were invalidated. Local governments cannot impose additional requirements on screening processes, security deposits, application fees, lease terms, disclosures, or notice requirements. Uniform statewide rules now apply. ^[2]

Required Disclosures (4)

Florida law mandates the following disclosures in residential lease agreements:

1. Landlord Identity Disclosure

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. ^[3]

2. Lead-Based Paint Disclosure

For properties constructed before 1978, federal law requires landlords to disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home." ^[4]

3. Radon Gas Disclosure

Every Florida lease agreement must contain the following language: ^[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."

4. Security Deposit Disclosure

For landlords who rent five (5) or more individual dwelling units, the following disclosure language (in capital letters) must be contained within or attached to the lease: ^[6]

"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."

5. Flood Disclosure (NEW - 2025)

For leases of one year or longer, landlords must disclose flood risks in a separate document stating: whether landlord has knowledge of flooding, whether landlord has filed flood insurance claims, and whether landlord has received flood assistance (e.g., FEMA). Tenants may terminate the lease within 30 days if flooding causes substantial damage and landlord failed to disclose. ^[7]

Security Deposits

Maximum AmountFlorida law does not impose a statutory limit on security deposit amounts. Landlords may charge any amount they deem appropriate.

Return Timeline

• No Deductions: Security deposits must be returned within 15 days after termination of the rental agreement if the landlord does not intend to impose any claim. ^[8]
• With Deductions: If the landlord intends to impose a claim on the deposit, the landlord must provide written notice within 30 days after termination by certified mail or email (per Section 83.505) of the intention to impose a claim and the reason. ^[8]

Holding RequirementsLandlords must hold security deposits in one of three ways: (1) in a separate non-interest-bearing account in a Florida banking institution, (2) in a separate interest-bearing account where the tenant receives 75% of annualized interest or 5% simple interest per year, or (3) post a surety bond with the clerk of the circuit court. ^[6]

**Fee in Lieu of Security Deposit (2023 Update)**Effective July 1, 2023, landlords MAY (but are not required to) offer tenants the option to pay a nonrefundable fee instead of a security deposit. This requires written disclosure, and tenants can switch to a security deposit at any time. This does not change tenant's obligations for damages. ^[9]

Rent Payment Terms

Grace PeriodFlorida law provides NO grace period for rent payments. Unless otherwise agreed, rent is payable without demand or notice at the beginning of each rent payment period. ^[10]

Late FeesLate fees must be reasonable and explicitly stated within the lease agreement. Courts may refuse to enforce lease provisions that are unconscionable, including excessive late fees. ^[11]

Bounced Check (NSF) FeesLandlords may charge the following fees for worthless checks: ^[12] - $25 if the check is $50 or less - $30 if the check exceeds $50 but does not exceed $300 - $40 if the check exceeds $300 - 5% of the face value, whichever is greater

Landlord's Obligations

Maintenance RequirementsLandlords must comply with all applicable building, housing, and health codes. Where no codes exist, landlords must maintain: ^[13] - Roofs, windows, doors, floors, steps, and porches in good repair - Exterior walls, foundations, and structural components - Plumbing in reasonable working condition

Multi-Family Additional RequirementsFor buildings other than single-family homes or duplexes, landlords must also provide: ^[13] - Extermination of pests (rats, mice, roaches, ants, bedbugs) - Locks and keys - Clean and safe common areas - Garbage removal facilities - Heat, running water, and hot water

Right to EnterLandlords may enter the premises for inspection, repairs/maintenance (24-hour notice required), emergencies (no notice required), and to show property to prospective buyers or tenants. Reasonable time is defined as 7:30 AM to 8:00 PM. Landlords may not abuse access rights or harass tenants. ^[14]

Tenant's Obligations

Under Florida law, tenants must: ^[15] 1. Comply with all applicable building, housing, and health codes 2. Keep the premises clean and sanitary 3. Remove garbage in a clean and sanitary manner 4. Keep plumbing fixtures clean and in repair 5. Use facilities reasonably (electrical, plumbing, HVAC, appliances) 6. Not destroy, deface, or damage the premises 7. Conduct themselves reasonably and not disturb neighbors

Eviction Procedures

Non-Payment of RentLandlords must provide a 3-day notice (excluding Saturday, Sunday, and legal holidays observed by the courts). The notice must demand payment OR possession of the premises. ^[16]

Curable Lease ViolationsFor violations that can be corrected (e.g., unauthorized pets, parking violations, cleanliness issues), landlords must provide a 7-day notice to cure. If the violation recurs within 12 months, no cure opportunity is required. ^[16]

Non-Curable ViolationsFor serious violations that cannot be corrected (e.g., property destruction, intentional damage, unreasonable disturbance), landlords may issue a 7-day notice to vacate with no cure opportunity. ^[16]

Retaliatory Conduct ProhibitedLandlords may not retaliate against tenants for complaining about code violations, exercising legal rights, or joining tenant organizations. Prohibited retaliatory actions include increasing rent, decreasing services, or bringing eviction action. ^[17]

Lease Termination

Notice Requirements by Tenancy Type ^[18] - Year-to-year: 60 days' notice before end of annual period - Quarter-to-quarter: 30 days' notice before end of quarterly period - Month-to-month: 30 days' notice before end of monthly period - Week-to-week: 7 days' notice before end of weekly period

Early Termination FeesLandlords may charge early termination fees if stated in the written rental agreement. However, landlords have a duty to mitigate damages by making good faith efforts to re-rent the property. ^[19]

Recent Legislative Updates

**2025: Electronic Notice Delivery (HB 615)**Effective July 1, 2025, Florida law authorizes electronic delivery of notices between landlords and tenants via email. This requires a signed addendum to the rental agreement. Either party may revoke at any time. Notice is deemed delivered when sent (unless returned as undeliverable). ^[20]

2025: Flood Disclosure RequirementsNew flood disclosure requirements for leases of one year or longer. See Required Disclosures section above. ^[7]

2024: State Preemption of Local OrdinancesFlorida now preempts all local landlord-tenant regulations, creating uniform statewide rules. ^[2]

2023: Fee in Lieu of Security Deposit OptionLandlords may offer tenants a nonrefundable fee option as an alternative to security deposits. ^[9]