Florida Residential Lease Agreement
A free Florida lease template, plus what Florida law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Florida requires
| Landlord or agent name and address | At or before the tenancy begins, the landlord (or the person authorized to sign leases for the landlord) must tell the tenant in writing the name and address of the landlord or of a person authorized to receive notices and demands. Later changes must be delivered to the tenant's residence (or another address the tenant names in writing), or by e-mail if the tenant agreed to electronic notices. Applies to: all residential tenancies Source: Fla. Stat. § 83.50 |
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| Security deposit / advance rent notice | In the lease, or within 30 days after receiving advance rent or a security deposit, the landlord must give written notice (in person, by mail, or by e-mail if agreed) stating the name and address of the bank where the money is held or that a surety bond was posted, and whether the tenant is entitled to interest. The notice must include the statutory all-caps disclosure that begins "YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS" and ends by referring the tenant to Part II of Chapter 83, Florida Statutes. A new notice is due within 30 days after any change in where or how the money is held. Missing the notice is not a defense to paying rent. Applies to: landlords who rent 5 or more individual dwelling units Source: Fla. Stat. § 83.49(2) |
| Flood disclosure | Before or when a lease of 1 year or longer is signed, the landlord must give a completed flood disclosure in a separate document. It must say that renters' insurance generally does not cover flood damage, and whether the landlord knows of flooding that damaged the unit during the landlord's ownership, has filed a flood insurance claim (including with the NFIP), or has received federal flood assistance (such as FEMA). If the landlord fails to comply and the tenant suffers substantial flood loss (repair or replacement costing 50% or more of the property's market value), the tenant may end the lease with written notice within 30 days and get back rent paid in advance. Applies to: leases with a term of 1 year or longer Source: Fla. Stat. § 83.512 |
| Radon gas notice | The statutory radon notice (beginning "RADON GAS: Radon is a naturally occurring radioactive gas" and ending with the advice to contact the county health department) must appear on at least one document, form, or application signed at or before signing the rental agreement. Applies to: rental agreements for any building, except transient occupancies of 45 days or less Source: Fla. Stat. § 404.056(5) |
| Fee in lieu of security deposit | A landlord who offers a monthly fee instead of a security deposit must disclose in writing, among other things, that the tenant may choose to pay a security deposit instead at any time, that the fee is nonrefundable (if it is), and that the fee only secures occupancy without a deposit. The written agreement must state the fee amount (which may not rise during the lease term), may not contain clauses that conflict with §§ 83.45 or 83.47, and must include the statutory all-caps disclosure beginning "THIS FEE IS NOT A SECURITY DEPOSIT". Applies to: fee-in-lieu agreements entered into or renewed on or after July 1, 2023 Source: Fla. Stat. § 83.491 |
Terms Florida law requires or controls
| Abandoned property clause and legend | The landlord is protected from liability for a tenant's property left behind after surrender or abandonment only if the lease (or a separate written agreement) provides for it. If the clause is in the lease, it must carry a printed or stamped legend in substantially the statutory form, beginning "BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER". Applies to: leases that include an abandoned-property clause Source: Fla. Stat. § 83.67(5) |
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| End-of-lease notice requirement | A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if the lease also requires the landlord to give notice if the landlord will not renew. The notice period must be at least 30 and no more than 60 days. Liquidated damages for a tenant's failure to give that notice are allowed only if the lease specifies them, and the landlord must first send a written notice (no more than 15 days before the notice period starts) stating the lease end date and listing all fees, penalties and charges. Applies to: fixed-term leases Source: Fla. Stat. § 83.575(1)-(2) |
| Early termination fee / liquidated damages addendum | A landlord may charge liquidated damages or an early termination fee when a tenant breaks the lease only if both sides agreed when the lease was made, the amount is no more than 2 months' rent, any required notice for an early termination fee is no more than 60 days, and the tenant accepted it by signing a separate addendum substantially in the statutory form (with an "I agree" and an "I do not agree" option). Applies to: leases with an early-termination fee or liquidated damages Source: Fla. Stat. § 83.595(4) |
| Default rent terms | Unless the lease says otherwise, rent is payable without demand or notice, and periodic rent is due at the start of each rental period. Applies to: all residential leases Source: Fla. Stat. § 83.46(1) |
Clauses that are void in Florida
| Waiver of tenant rights | A lease provision is void and unenforceable to the extent it waives or bars the rights, remedies or requirements of Florida's Residential Landlord and Tenant Act. A party who suffers actual damages because such a clause was included may recover them. Applies to: all residential leases Source: Fla. Stat. § 83.47(1)(a), (2) |
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| Liability limitation | A lease provision that tries to limit or eliminate liability the landlord or tenant would otherwise have under law is void and unenforceable to that extent. Applies to: all residential leases Source: Fla. Stat. § 83.47(1)(b) |
| Attorney fees | The prevailing party in a case under the lease or the Act may recover reasonable attorney fees from the other side, and a lease may not waive that right. Applies to: all residential leases Source: Fla. Stat. § 83.48 |
| Waiver of termination notices | The statutory notices required before a lease is terminated for nonpayment or noncompliance may not be waived in the lease. Applies to: all residential leases Source: Fla. Stat. § 83.56(4) |
| Unconscionable terms | A court may refuse to enforce a lease, or any unconscionable clause in it, if it finds the lease or clause unconscionable when made. Applies to: all residential leases Source: Fla. Stat. § 83.45 |
| U.S. flag | A landlord may not stop a tenant from displaying one portable, removable U.S. flag in a respectful way, regardless of any lease provision on flags or decorations. Applies to: all residential leases Source: Fla. Stat. § 83.67(4) |
| Servicemember rights | A servicemember's statutory right to end a lease early (with official orders or a commanding officer's written verification) and the rules for servicemember rental applications may not be waived or modified by agreement under any circumstances. A landlord also may not discriminate against servicemembers in lease terms. Applies to: all residential leases |
Format and delivery rules
| Electronic notices addendum | Notices under the Act may be sent by e-mail only if the landlord and tenant sign a written addendum specifically agreeing to electronic delivery. An e-mailed notice is treated as delivered when sent unless it bounces back, and the sender must keep a copy and proof of sending. Applies to: leases where the parties choose e-mail notice Source: Fla. Stat. § 83.505 |
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| Renewal treated as a new lease for deposits | A renewal of a lease is treated as a new rental agreement, and a deposit carried over is treated as a new deposit. Applies to: lease renewals Source: Fla. Stat. § 83.49(6) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Florida law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Florida law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Florida law (Fla. Stat. Ch. 83 Part II).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Florida law sets no maximum; Fla. Stat. § 83.49). Landlord will return it, minus lawful deductions with any required itemized list, within the time Florida law sets (Fla. Stat. § 83.49(3)(a)-(b)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Florida law requires (Fla. Stat. § 83.53), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Florida law requires.
14. Abandoned property clause and legend. (Write this clause to meet Florida law: see "Abandoned property clause and legend" above (Fla. Stat. § 83.67(5)).)
15. End-of-lease notice requirement. (Write this clause to meet Florida law: see "End-of-lease notice requirement" above (Fla. Stat. § 83.575(1)-(2)).)
16. Early termination fee / liquidated damages addendum. (Write this clause to meet Florida law: see "Early termination fee / liquidated damages addendum" above (Fla. Stat. § 83.595(4)).)
17. Default rent terms. (Write this clause to meet Florida law: see "Default rent terms" above (Fla. Stat. § 83.46(1)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Florida law: Landlord or agent name and address; Security deposit / advance rent notice; Flood disclosure; Radon gas notice; Fee in lieu of security deposit. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.