Florida Lease Agreement with ezSign

Florida Landlord-Tenant Laws

Florida has some of the most complex Landlord-Tenant Laws in the country. All Florida Landlords renting residential real estate - whether apartments, a condo, a single-family house, a duplex, or multi-family buildings - need a state-specific Lease that complies with all state laws.

Here’s an overview of some key Florida Landlord-Tenant Laws:

Florida State Laws

It might feel like a lot, BUT we make it EZ for Landlords to create great Florida Leases

With our Lease Builder Wizard, Landlords just follow simple, step-by-step instructions to build a customized state-specific Lease online.

Here’s how we GUARANTEE your Rental Agreement will comply with Florida state laws:

• State Assist tips as you build your Lease
• State-required terms and language are automatically included in your Lease
• State required Addenda and Disclosures are automatically added to your Lease Package

FL Required Disclosures

There are some specific disclosures, amendments, and terms that Florida Landlords have to include in their Lease Package. Here are a few to know:

Keep in mind: As you build your Florida Lease, we’ll automatically include any terms, language or disclosures you need. Don’t worry, we’ve got you covered.

Fire Protection: In buildings over three stories, Landlords must notify renters of available fire protection. Fl. Stat. Ann. § 83.50.

Landlord’s Disclosure/Identification: The property owner must disclose the name and address of any authorized agents allowed to receive notices and demands on the Landlord’s behalf. Fl. Stat. Ann. § 83.50.

Lead-Based Paint Disclosure: Federal law requires a lead-based paint disclosure for all properties built before 1978.

Radon Disclosure: Every Florida Landlord must include the following language in the Lease Agreement. Fl. Stat. Ann. § 404.056

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 and Receipt: If the Lease requires a security deposit, the following language must be included in the Lease Agreement or given to the Tenant as written notice within 30 days of receiving the security deposit. This language is automatically included in our pro residential lease agreement!

"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 the 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.

Additionally, within 30 days of receiving the security deposit, the Landlord must provide the Tenant with a receipt or written notice stating where the money is being held and whether or not it’s held in an interest-bearing account.

City and County Ordinances

Whenever renting residential property, it’s important to contact your local housing or zoning office to make sure that you’re in compliance with all local ordinances and regulations.

Here are just a few examples of such ordinances:

• In Miami, real estate signs advertising a property for rent must comply with color, size, and location requirements
• In Tampa, rental certificates are required for residential properties
• In Broward County, Landlords have to register with the county and pay a $75 fee before renting a property

Frequently Asked Questions (FAQs)

What is a Florida Lease Agreement?
A Florida Lease Agreement, sometimes referred to as a Rental Lease or Florida Rental Contract, is a legal document that creates a contractual relationship between a Landlord and Tenant.

The Lease outlines all the terms under which a Tenant rents property from a Landlord and protects the Landlord should problems arise with the Tenant or property.

Who Needs a Florida Lease Agreement?
Anyone that rents real estate in Florida needs a FL Lease. The Landlord-Tenant laws of each state vary, and your Rental Agreement MUST comply with the laws where your rental property is located.

This can be tricky as each state has some unique requirements; however, we can’t overestimate the importance of having a state-specific Residential Lease Agreement. To protect themselves and their property, every Florida Landlord should use a state-specific Lease that complies with all state laws and requirements.

This is true whether you’re using a Month to Month Lease Agreement, fixed-term, or short term vacation rental agreement.

What Should Be Included in Your Florida Lease Agreement?
A great Lease is comprehensive, customized, and in compliance with all Florida laws. It should include:

• Full names and contact info for Landlord, Tenant, and all occupants
• A description of the property
• The Lease period or tenancy period
• Monthly rent amount and rent due dates
• Security deposit information, including security deposit amount and policies
• Florida-specific terms and language
• State required disclosures
• Customized language for your rental, including issues like pets, guests, and subletting
• Addenda to create a complete Lease Package
• A cover page and table of contents

Other Popular Forms

We offer all the forms Landlords need for the entire Landlord lifecycle. Here are a few other forms that are often used by FL Landlords:

• Tenant Rental Application: Before renting a property, it’s vital to properly screen applicants. This process should include, at a minimum, a thorough Tenant application, credit check, and criminal background check. We offer a free Tenant Rental Application that lets Landlords gather all the information they need.
• Florida Landlord-Tenant Brochure: This form was created by the Florida Department of Agriculture & Consumer Services to answer FAQs about Landlord-Tenant Law.
• Move-In/Move-Out Walkthrough Checklist: This checklist can be customized and makes it simple for Landlords to document the condition of their property at move-in and move-out.
• Welcome Letter: This free customizable letter helps Landlords welcome Tenants and share key information with them. It’s a great way to build strong Landlord-Tenant relationships from day 1.
• Rent Ledger: This free form offers Landlords a blank ledger that makes it EZ for Landlords to keep track of rent payments.

Florida State Specific Documents

• Florida Landlord-Tenant Brochure (Chapter 83 Part II): This brochure was developed by the Florida Department of Agriculture and Consumer Services to answer frequently asked questions regarding landlord/tenant law.
• Florida 3-Day Notice to Pay Rent: In FL, a 3-day notice must be served before initiating eviction proceedings.
• Florida 7-Day Notice of Noncompliance: This form is used to give a Tenant 7 days to cure a Lease violation.
• Florida 7-Day Notice to Vacate: This form is used when a Tenant breaks the Lease and there is no option for the Tenant to cure the defect.
• Florida Complaint for Eviction and Damages: If a Tenant does not comply after a 3 and 7-Day Notice, Landlords can use this form to initiate eviction proceedings.
• Florida Notice of Right to Reclaim Abandoned Property (less than $500): This form notifies the tenant that they have abandoned property remaining in the rental unit. This notice is used when the property is valued under $500.
• FL Notice to Reclaim Abandoned Property ($500 or more): This form is used if a former tenant has left personal belongings in the rental unit after vacating. The value of such items is estimated to be $500 or more.
• Florida Notice to Impose a Claim on the Security Deposit: This form must be used whenever Landlords withhold a portion of the Tenant’s security deposit.

Rental Agreements for Neighboring States

• Alabama Rental Contract: Our AL Lease is guaranteed to comply with all state laws in Alabama, including the Owner/Manager Identification requirement.
• Lease Agreement Georgia: Our Georgia Leases include all required language for the state and can be used in Atlanta.
• Louisiana Lease Contract: Complies with all LA state laws and includes all required disclosures and attachments.
• Mississippi Residential Lease Agreement: Mississippi Landlords can easily build a state-specific Lease to meet the unique needs of their property.
• NC Lease Agreement: Provides North Carolina Landlords with everything they need, including the state’s required Security Deposit receipt.
• SC Rental Agreement: Our South Carolina Lease complies with all state laws and provides SC Landlords with the protection they need.

Things to Consider Before You Hand Over Legal Possession of Your FL Property

• Have all Tenants completed a Rental Application and Tenant Screening?
• Do you have a fully executed Lease Agreement?
• Have you received the entire security deposit and first month’s rent?

Unlimited access to our electronic signing tool, ezSign. ezSign allows Landlords and Tenants to sign their lease online with their phone, tablet or computer. Your Pro Lease is emailed to one party at a time until everyone has signed.