Florida Lease Agreement

A Florida lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities. To be legally valid, the lease must follow the Florida Residential Landlord and Tenant Act (Florida Statutes, Chapter 83, Part II). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Florida commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 15 days’ written notice to terminate or modify the lease (Florida Statutes § 83.57(3)).
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a Florida lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms: Deposit amount, refund policy, and deductions. Under Florida security deposit law (Florida Statutes § 83.49), a landlord must follow strict timelines when a tenant moves out:
  • If the landlord does not plan to make any deductions, they must return the full security deposit (plus any required interest) within 15 days after the tenant vacates the property.
  • If the landlord does intend to impose a claim—such as for unpaid rent or damages—they must send the tenant written notice by certified mail within 30 days of move-out, stating the amount and reason.
  • If the landlord misses the 30-day deadline, they lose the right to make a claim on the deposit.
• Florida Required Disclosures:
  • Lead-based paint disclosures (for properties built before 1978)
  • Radon Gas Disclosure (must appear in every Florida lease) – Florida Statutes § 404.056(5)
  • Security deposit handling disclosure (how and where the deposit is stored) – Florida Statutes § 83.49(2)
  • Landlord or Manager Disclosure: The lease must identify the property owner or management company and provide contact information (Florida Statutes § 83.50).
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Florida law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change until the lease ends, unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Runs month-to-month and renews automatically. Either party can end it with 15 days’ written notice, and landlords can adjust terms for the next month with proper notice (Florida Statutes § 83.57(3)).

No, under the Florida Residential Landlord and Tenant Act (Florida Statutes, Chapter 83, Part II), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it. For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 15 days’ written notice before the next rental period begins (Florida Statutes § 83.57(3)).

If a tenant ends their lease early in Florida, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant. Under Florida Residential Landlord and Tenant Act (Florida Statutes § 83.595), landlords must make reasonable efforts to re-rent the property to reduce financial loss—this is called “mitigating damages.”

In Florida, lease renewal and termination depend on the type of lease:

• Fixed-Term Lease:
  • Ends automatically on the stated end date unless both parties agree to renew.
  • Renewals should always be completed in writing, either through a new lease or a signed addendum.
  • A tenant or landlord cannot terminate a fixed-term lease early without mutual consent unless there’s a legal reason.
• Month-to-Month Lease:
  • Automatically renews each month until someone gives proper notice.
  • Either landlord or tenant can end the agreement with 15 days’ written notice before the next rental period begins (Florida Statutes § 83.57(3)).

Yes, a Florida lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing. Any changes should be added as a lease addendum that clearly describes what is being modified (such as changes to rent, pet policies, or added occupants). Both parties must sign and date the addendum for it to be legally binding, and all changes must comply with the Florida Residential Landlord and Tenant Act (Florida Statutes, Chapter 83, Part II).