Florida Lease Agreement Laws & Requirements
| Security Deposit Limit | No statutory limit |
| Deposit Return Period | 15 days |
| Late Fee Rules | Must be reasonable |
| Grace Period | No statutory grace period |
| Notice to Quit (Non-Payment) | 3 days |
| Notice to Quit (Month-to-Month) | 15 days |
| Required Disclosures | lead-paint, radon, security-deposit-location, landlord-identity |
| Governing Statute | Fla. Stat. §§ 83.40-83.682 |
Florida-Specific Requirements
Florida has specific laws governing lease agreements that differ from other states. Understanding these requirements is essential to creating a legally compliant document.
Our template automatically includes all Florida-required provisions, disclosures, and clauses when you select Florida as your state in the document builder.
How to Create Your Florida Lease Agreement
- 1Click "Create Document"
Florida will be pre-selected as your state.
- 2Answer the guided questions
Fill in the details specific to your situation. Florida-required fields will be highlighted.
- 3Review and download
Preview your completed Florida lease agreement, then download as PDF or Word.
Frequently Asked Questions
Florida Lease Agreement Laws Overview
Florida residential landlord-tenant law is governed by the Florida Residential Landlord and Tenant Act, codified in Florida Statutes Chapter 83, Part II (Fla. Stat. §83.40-83.683). This comprehensive statute covers lease requirements, security deposits, maintenance obligations, eviction procedures, and tenant remedies.
Florida imposes strict rules on security deposit handling. Landlords must notify tenants in writing within 30 days of receiving the deposit, specifying how and where the deposit is being held, and whether it is in an interest-bearing account or posted as a surety bond. Failure to provide this notice can result in forfeiture of the right to make claims against the deposit.
Unlike some states, Florida does not have statewide rent control, and state law (Fla. Stat. §166.043) preempts local governments from imposing rent control except in housing emergencies. Florida also has specific provisions for military personnel, victims of domestic violence, and tenants in subsidized housing.
| Key Fact | Detail |
|---|---|
| Governing Statute | Fla. Stat. §83.40-83.683 |
| Security Deposit Limit | No statutory limit |
| Deposit Return Deadline | 15 days (no deductions) / 30 days (with deductions) |
| Rent Control | Preempted by state law (except emergency) |
| Late Fee Rules | Must be reasonable |
| Landlord Entry Notice | 12 hours (reasonable time) |
| Lease Required in Writing | Yes, if term exceeds 1 year |
Florida Requirements & Disclosures
Required Disclosures
Lead-Based Paint Disclosure
Required for all housing built before 1978. Landlord must provide EPA pamphlet and disclose known lead paint hazards.
42 U.S.C. §4852d
Security Deposit Holding Notice
Within 30 days of receiving the deposit, landlord must notify tenant in writing whether the deposit is held in a separate interest-bearing or non-interest-bearing account, or posted as a surety bond.
Fla. Stat. §83.49(2)
Radon Gas Disclosure
Florida law requires that the following radon gas disclosure statement be included in every lease: "RADON GAS: Radon is a naturally occurring radioactive gas..."
Fla. Stat. §404.056(5)
Fire Protection Disclosure
Landlord must disclose whether the unit includes fire protection such as smoke detectors, fire extinguishers, and sprinkler systems.
Fla. Stat. §83.50
Landlord/Agent Identity
The lease must identify the landlord or an authorized agent and provide an address for service of notices.
Fla. Stat. §83.50
Move-In Inspection
Landlord is encouraged to conduct a move-in inspection with the tenant to document the condition of the premises and avoid disputes at move-out.
Fla. Stat. §83.49(3)(a)
Mandatory Clauses
Security Deposit Terms
Must specify the deposit amount and comply with Fla. Stat. §83.49 regarding holding, notification, and return procedures.
Radon Gas Disclosure Statement
The statutory radon gas disclosure must be included verbatim in every residential lease agreement in Florida.
Rent Amount and Due Date
Must clearly state monthly rent, due date, and where/how rent is to be paid.
Maintenance Obligations
Must outline landlord and tenant maintenance responsibilities consistent with Fla. Stat. §83.51 and §83.52.
Notice Addresses
Lease must provide proper addresses for both parties to receive legally required notices.
Prohibited Clauses
Waiver of Landlord Duty to Maintain
Landlords cannot waive the duty to maintain the premises in compliance with building, housing, and health codes per Fla. Stat. §83.51.
Confession of Judgment
Lease clauses requiring the tenant to confess judgment or waive the right to a court hearing are void and unenforceable.
Relevant Florida Statutes (Fla. Stat.)
| Section | Title | Description |
|---|---|---|
| §83.40 | Short Title | Establishes Part II as the "Florida Residential Landlord and Tenant Act." |
| §83.43 | Definitions | Defines key terms including "dwelling unit," "landlord," "tenant," "rent," and "security deposit." |
| §83.49 | Security Deposits | Governs holding, notification, return timeline (15/30 days), and penalties for security deposit violations. |
| §83.51 | Landlord's Obligations | Establishes landlord duties for maintenance, building code compliance, and essential services. |
| §83.52 | Tenant's Obligations | Defines tenant responsibilities including maintaining cleanliness, not damaging the property, and complying with codes. |
| §83.56 | Termination of Rental Agreement | Specifies notice periods and procedures for terminating leases, including 7-day and 15-day notices. |
| §83.595 | Domestic Violence Protections | Allows tenants who are victims of domestic violence to terminate their lease with 30 days' notice and documentation. |
| §404.056(5) | Radon Gas Disclosure | Mandates a specific radon gas disclosure statement in all residential leases. |
Florida Notice Periods
| Action | Required Notice | Statute |
|---|---|---|
| Non-Payment of Rent | 3 days (excluding weekends and holidays) | Fla. Stat. §83.56(3) |
| Lease Violation (Curable) | 7 days to cure after written notice | Fla. Stat. §83.56(2)(b) |
| Lease Violation (Non-Curable) | 7 days' unconditional notice | Fla. Stat. §83.56(2)(a) |
| Month-to-Month Termination | 15 days before end of monthly period | Fla. Stat. §83.57 |
| Security Deposit Return (No Deductions) | 15 days | Fla. Stat. §83.49(3)(a) |
| Security Deposit Return (With Deductions) | 30 days with itemized notice | Fla. Stat. §83.49(3)(a) |
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Legal Disclaimer: This website provides legal information, not legal advice. We are not a law firm. This Florida lease agreement template is for informational purposes only. Laws change frequently; consult a licensed attorney in Florida for legal guidance.