Florida Residential Lease Agreement: Free Template and Chapter 83 Rules

Residential Lease Agreement (Florida)

This Residential Lease Agreement (“Lease”) is made on [Date] for a dwelling unit in the State of Florida between the Landlord and the Tenant(s) named below. It is governed by Part II of Chapter 83, Florida Statutes (the Florida Residential Landlord and Tenant Act).

1. Parties

Landlord (owner or owner’s agent): [Full Legal Name or Entity Name]
Phone: [Phone] E-mail: [E-mail]

Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]

Each Tenant is jointly and severally liable for all obligations under this Lease.

Name and address for notices and demands to the Landlord (§ 83.50): [Name of Landlord or authorized agent], [Street Address, City, Florida, ZIP]. This person keeps that authority until the Tenant is notified otherwise.

2. Premises

Address: [Street Address, Unit, City, Florida, ZIP]
County: [County]
Type: ☐ Single-family home ☐ Duplex unit ☐ Apartment ☐ Condominium ☐ Townhome ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”]
Furnishings and appliances included: [List, or “None”]

If the Premises are in a condominium, cooperative or homeowners’ association, the Tenant will follow the association’s rules, a copy of which is attached.

3. Term

☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY] and continues from month to month.

Month to month: either party may end the tenancy by written notice given at least 30 days before the end of any monthly rental period (§ 83.57(3)).

End of fixed term (optional; complete both blanks or strike): The Tenant must notify the Landlord in writing at least [30–60] days before the end date if the Tenant will vacate at the end of the term, and the Landlord must notify the Tenant in writing within the same period if this Lease will not be renewed (§ 83.575(1)). If the Tenant fails to give this notice, the Tenant will owe liquidated damages of $[Amount], provided the Landlord first gives the written reminder required by § 83.575(2) no later than 15 days before the notice period starts.

If the Tenant stays after the term ends with the Landlord’s permission, the tenancy continues month to month on the same terms. A Tenant who then leaves without the 30 days’ notice required by § 83.57(3) owes one additional month’s rent (§ 83.575(3)).

4. Rent

Monthly rent: $[Amount], due in advance on or before the [1st] day of each month, without demand (§ 83.46(1)).
First month’s prorated rent (if the Lease begins mid-month): $[Amount].
Payment methods: [Check / money order / cashier’s check / online portal / bank transfer].
Where to pay: [Address, portal or account].

Returned payment fee: $[Amount]. After [two] returned payments, the Landlord may require certified funds.

5. Late Fee

If rent is not received by the [5th] day of the month, the Tenant will pay a late fee of $[Amount] [plus $[Amount] per day, up to a maximum of $[Amount] per month]. The fee is agreed as a reasonable estimate of the Landlord’s costs of late payment. Paying a late fee does not waive the Landlord’s right to serve a 3-day notice for unpaid rent.

6. Security Deposit and Advance Rent

Security deposit: $[Amount] Advance rent (other than the first month): $[Amount] Pet deposit: $[Amount]

The Landlord will hold these funds as follows (§ 83.49(1)) (check one):
☐ in a separate non-interest-bearing account at [Name and Address of Florida Financial Institution];
☐ in a separate interest-bearing account at [Name and Address of Florida Financial Institution]; the Tenant will receive ☐ at least 75% of the annualized average interest rate on the account ☐ 5% per year simple interest, paid or credited at least once a year;
☐ the Landlord has posted a surety bond with the clerk of the circuit court and will pay the Tenant 5% per year simple interest.

The Tenant ☐ is ☐ is not entitled to interest on the deposit.

YOUR RENTAL AGREEMENT 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 PROVIDE YOU WRITTEN NOTICE IN PERSON, BY MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA STATUTES, 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 WRITTEN NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY PROVIDE 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.

After the Tenant vacates, the Landlord will return the deposit, with any interest due, within 15 days if the Landlord makes no claim on it. If the Landlord intends to make a claim, the Landlord will send written notice of the claim and its reason by certified mail to the Tenant’s last known mailing address, or by e-mail under § 83.505, within 30 days, and the Tenant may object in writing within 15 days after receiving it (§ 83.49(3)).

The Tenant will give at least 7 days’ written notice, by certified mail or personal delivery, before vacating, including an address where the Tenant can be reached (§ 83.49(5)).

☐ [Optional] Fee in lieu of deposit. The Tenant has chosen to pay a monthly fee of $[Amount] instead of a security deposit under the separate written notice required by § 83.491, which explains that the Tenant may switch to paying a security deposit at any time.

7. Occupants and Use

The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names and ages of other occupants, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent.

The Tenant may not sublet, assign this Lease, or list the Premises for short-term or vacation rental without the Landlord’s prior written consent.

8. Utilities and Services

Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Internet ☐ Lawn care ☐ Pest control ☐ Other: [Description]
Paid by the Tenant: all other utilities and services. The Tenant will place Tenant-paid utilities in the Tenant’s name by the start date.

9. Maintenance and Repairs

The Landlord will comply with applicable building, housing and health codes, maintain the structural components and plumbing, and install screens at the start of the tenancy and repair them once a year when needed (§ 83.51(1)).

For an apartment or other unit that is not a single-family home or duplex, the Landlord will also provide for extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs, locks and keys, clean and safe common areas, garbage removal, and working heat, running water and hot water, unless otherwise agreed below (§ 83.51(2)(a)).

For a single-family home or duplex only (§ 83.51(1), (2)): the Tenant will be responsible for: [yard maintenance / pest control / pool care / other, or “None”]. The Landlord has installed working smoke detection devices at the start of the tenancy.

The Tenant will keep the Premises clean and sanitary, use all fixtures and appliances reasonably, and not damage the Premises (§ 83.52). Repair requests must be made in writing to the address in Section 1 [or through the portal: [URL]], except emergencies, which may be reported by phone to [Number].

10. Landlord’s Entry

The Landlord may enter at any time to protect or preserve the Premises. For repairs, the Landlord will give at least 24 hours’ notice and enter between 7:30 a.m. and 8:00 p.m. The Landlord may also enter to inspect, supply agreed services or show the Premises with the Tenant’s consent, which the Tenant will not unreasonably withhold, in an emergency, or if the Tenant is absent for half a rental period (§ 83.53). The Landlord will not abuse the right of access or use it to harass the Tenant.

11. Pets, Smoking and Rules

Pets: ☐ No pets. ☐ Pets allowed as stated in the attached Pet Addendum. Assistance animals are not pets and are handled under fair housing law.

Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].

House rules, if any, are attached. The Tenant may display one portable, removable United States flag of up to 4½ by 6 feet (§ 83.67(4)).

12. Renter’s Insurance

The Landlord’s insurance does not cover the Tenant’s personal property. ☐ The Tenant is required ☐ encouraged to carry renter’s insurance with at least $[Amount] in liability coverage. Renter’s policies do not cover flood damage; see the separate Flood Disclosure.

13. Radon Gas Notice

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. (§ 404.056(5), Florida Statutes.)

14. Flood Disclosure

☐ This Lease is for a term of one year or longer. The Landlord has completed and given the Tenant the Flood Disclosure required by § 83.512, as a separate document, at or before the signing of this Lease.
☐ This Lease is for a term of less than one year.

15. Lead-Based Paint (Housing Built Before 1978)

☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties (42 U.S.C. § 4852d; 40 C.F.R. Part 745).

16. Early Termination

☐ The parties have signed the Early Termination Addendum below.
☐ The parties have not agreed to liquidated damages or an early termination fee; if the Tenant leaves early, the Landlord may pursue the remedies in § 83.595.

A servicemember may end this Lease on at least 30 days’ written notice, with a copy of the official orders or a commanding officer’s verification, in the situations listed in § 83.682. If the dwelling is damaged by fire, storm or other casualty not caused by the Tenant so that its use is substantially impaired, the Tenant may terminate as provided in § 83.63.

17. Default and Notices

If rent is unpaid when due, the Landlord may deliver a written 3-day notice demanding payment or possession; the 3 days exclude Saturday, Sunday and court-observed legal holidays (§ 83.56(3)). For other material breaches, the Landlord may deliver a 7-day notice under § 83.56(2).

Notices under this Lease and Part II of Chapter 83 may be delivered by mail, by delivering a true copy, by leaving a copy at the residence if the Tenant is absent, or by e-mail only if the parties sign the E-mail Notice Addendum below (§§ 83.56(4), 83.505).

The Landlord will not cut off utilities, change the locks, remove doors or windows, or remove the Tenant’s property except after surrender, abandonment or a lawful eviction (§ 83.67), and will not retaliate against the Tenant for complaining to a code agency, joining a tenant organization or exercising other legal rights (§ 83.64).

☐ [Optional] BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY. (§ 83.67(5).)

18. General Terms

Governing law: Florida. A provision of this Lease that waives rights or remedies under Part II of Chapter 83, or limits a party’s liability arising under law, is void (§ 83.47). If any provision is unenforceable, the rest of this Lease remains in effect.

Attorney’s fees: in any civil action to enforce this Lease or Part II of Chapter 83, the prevailing party may recover reasonable attorney’s fees and court costs (§ 83.48).

Renewal: a renewal of this Lease is a new rental agreement, and any deposit carried forward is treated as a new deposit (§ 83.49(6)).

Entire agreement: this Lease and its addenda are the entire agreement. Changes must be in writing and signed by the Landlord and the Tenant.

19. Addenda

☐ Flood Disclosure (separate document, leases of one year or longer) ☐ Early Termination Addendum ☐ E-mail Notice Addendum ☐ Pet Addendum ☐ Lead-Based Paint Disclosure ☐ Association Rules ☐ Move-In Condition Report ☐ Other: [Description]

Signatures

Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Early Termination Addendum (§ 83.595(4))

☐ I agree, as provided in the rental agreement, to pay $[Amount; no more than 2 months’ rent] as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

☐ I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.

If the Tenant agrees, the Tenant must give at least [Number; no more than 60] days’ written notice before the early termination date, and the Landlord may also collect rent and charges through the end of the month in which it retakes possession, plus charges for damage to the dwelling unit.

Tenant: _________________________ Date: __________

E-mail Notice Addendum (§ 83.505)

Landlord election: Notices from a tenant may contain time-sensitive information about the tenant’s housing. The election to receive notices from the tenant by e-mail is voluntary.

☐ I [name], the landlord or the landlord’s agent, agree to receive notices required by the rental agreement or under part II of chapter 83, Florida Statutes, from the tenant by e-mail. I designate the following e-mail address for receipt of notices from the tenant: [e-mail].
☐ I do not agree to receive notices by e-mail.

I may revoke my agreement to receive notices by e-mail by providing written notice to the tenant which is effective upon delivery of such written notice and does not affect the validity of any notice that was previously sent by e-mail. I may update my e-mail address designated for electronic delivery at any time by providing written notice to the tenant specifying the new e-mail address, which takes effect upon delivery of such notice.

Tenant election: Notices from a landlord may contain time-sensitive information about a tenant’s housing. The election to receive notices from the landlord by e-mail is voluntary.

☐ I [name], the tenant, agree to receive notices required by the rental agreement or under part II of chapter 83, Florida Statutes, from the landlord by e-mail. I designate the following e-mail address for receipt of notices from the landlord: [e-mail].
☐ I do not agree to receive notices by e-mail.

I may revoke my agreement to receive notices by e-mail by providing written notice to the landlord which is effective upon delivery of such written notice and does not affect the validity of any notice that was previously sent by e-mail. I may update my e-mail address designated for electronic delivery at any time by providing written notice to the landlord specifying the new e-mail address, which takes effect upon delivery of such notice.

Landlord: ____________________ Date: __________ Tenant: ____________________ Date: __________

Flood Disclosure (§ 83.512; give as a separate document for leases of one year or longer)

FLOOD DISCLOSURE

Flood Insurance: Renters’ insurance policies do not include coverage for damage resulting from floods. Tenant is encouraged to discuss the need to purchase separate flood insurance coverage with Tenant’s insurance agent.

1. Landlord has ☐ has no ☐ knowledge of any flooding that has damaged the dwelling unit during Landlord’s ownership of the dwelling unit.

2. Landlord has ☐ has not ☐ filed a claim with an insurance provider relating to flood damage in the dwelling unit, including, but not limited to, a claim with the National Flood Insurance Program.

3. Landlord has ☐ has not ☐ received assistance for flood damage to the dwelling unit, including, but not limited to, assistance from the Federal Emergency Management Agency.

4. For the purposes of this disclosure, the term “flooding” means a general or temporary condition of partial or complete inundation of the dwelling unit caused by any of the following: a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation of runoff or surface waters from any established water source, such as a river, stream, or drainage ditch. c. Sustained periods of standing water resulting from rainfall.

Landlord: ____________________ Date: __________ Tenant: ____________________ Date: __________