Florida Residential Lease Agreement Template

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The Florida Residential Lease Agreement is a rental contract that conforms to a traditional yearly agreement with a monthly payment system. The landlord is encouraged to ask the applying tenant(s) to fill out a rental application, which will give the landlord access to the individual’s credit, rental, criminal, and employment history. This is to ensure only the most trustworthy tenants are accepted to live on the property. It is important that both parties fully comprehend the consequences of each provision laid out in the rental contract before signing.

LawsTitle VI, Chapter 83, Part II (Residential Tenancies)

Handbook – Landlord & Tenant Handbook

Maximum Term (§ 689.01) – May only be one (1) year unless the lease is signed with two (2) witnesses present.

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Required Disclosures (6)

Identification ( § 83.50(1)) – Owners must identify themselves or their authorized agent.

Fire (§ 83.50(2)) – All buildings over three (3) stories high must notify tenants of fire protection.

Lead-Based Paint Disclosure – Federal law requires landlords to provide a tenant with this disclosure prior to occupancy.

Radon Disclosure (§ 404.056) – The following must be stated in every Florida lease agreement:

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 – If a security deposit is made part of the lease agreement, the following text must be included in the lease agreement in CAPITAL LETTERS:

YOUR LEASE 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 MAIL YOU NOTICE, 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 NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

Security Deposit Receipt (§ 83.49) – After a security deposit has been paid by the tenant, the landlord must notify them within thirty (30) days regarding where the money is being held, and they must disclose if it is an interest or non-interest bearing account.

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