Florida Statutes, Chapter 83 permits a landlord to lease a residential property to a tenant by using Florida Residential Lease Agreement. This contract form is appropriate for leasing all types of residential properties except a duplex home. Please do not use this form for leasing a commercial, industrial, or retail
Required Disclosures and Addendums
All landlords are required to disclose their name and address in the lease agreement as per (§ 83.50). They are also required to give the details of those authorized to represent or act on their behalf. It is done to ease the process of communication as well as serve legal notices during the tenancy.
Radon Gas disclosure
The (§ 404.056(5)) requires the landlord to inform the tenants of the dangers of Radon gas within the property. All the lease agreements must contain the following statement:
“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
According to Florida federal law, (§ 83.49), the landlord must disclose where the security deposit is held if they manage five or more individual rental properties. A written notice of the same should be provided to the tenants to ensure it is well handled.
Lead-Based Paint Disclosure
According to (42 U.S. Code § 4852d) landlords in Florida must disclose lead-based paint hazards to potential tenants. This is a requirement for all the residential homes built before 1978. The rental lease agreement should come with the disclosure form highlighting possible harm and exposure and an EPA-approved pamphlet.
Other Disclosures and Addendums
Other additional and recommended disclosures and addendums include:
- Move-In checklist
- Landlord’s right to entry
- Fire disclosure
- Notice of foreclosure
Florida Security Deposit Laws
The Florida state has no limitation on security when renting a unit. The typical standard is one or two months’ rent but the landlord is not limited to what they want to ask.
There are however laws governing the return of the security deposit. According to (§ 83.49), the landlord is expected to return the security deposit within 15 days after the end of a lease agreement. The landlord has 30 days to send a statement with an itemized list in case they want to deduct funds from the security deposit. If the tenant has an objection, they must provide their statement within 15 days of receiving the notice.
- Can rent be negotiated in Florida?
- Is security deposit interest mandatory in Florida?
- Can I break a Florida lease without facing penalties?
- Does Florida State protect tenants from discrimination?
Can rent be negotiated in Florida?
Yes. Once the landlord accepts the rental application, rent and other lease terms can be negotiated and written before signing the Florida rental lease agreements.
Is security deposit interest mandatory in Florida?
No. It is not required. However, it can be collected as long as the tenant gets 75% of the annual average interest or 5% simple interest every year.
Can I break a Florida lease without facing penalties?
Yes. The Federal Law allows you to break a lease without a penalty if you enter active military duty after signing a Florida lease.
Does Florida State protect tenants from discrimination?
Yes. Under the Fair Housing Act, the landlord cannot ask potential tenants questions regarding their family status, medical history, sexual orientation, national origin, race, color, religion, ancestry, and marital status.