Quick Answers on Florida Lease Agreements
- Florida residential leases are governed by Chapter 83, Part II of the Florida Statutes (the Florida Residential Landlord and Tenant Act).
- Florida requires very few specific provisions, but several disclosures and statutory requirements must be addressed for the lease to be enforceable.
- The Florida Statute 83.49 security deposit disclosure must be included or delivered within 30 days of receiving the deposit.
- Radon gas disclosure is required in all Florida real estate transactions, including leases.
- Certain provisions are prohibited under Florida Statute 83.47, including waivers of statutory rights, waivers of liability for negligence, and provisions making the tenant liable for the landlord's attorney's fees in nearly all circumstances.
- Florida law does not require a written lease, but oral leases are notoriously difficult to enforce. Written leases are standard practice.
- The lease should address: rent and payment terms, lease term, security deposit disclosure, default and termination triggers, maintenance responsibilities, access rights, pet and smoking policies, and HOA or condo association rules where applicable.
Need a Florida-Compliant Residential Lease Drafted?
We draft Florida residential leases for West Palm Beach and South Florida landlords. Compliant with 83.49 disclosures, 83.47 prohibited provisions, and Florida landlord-tenant law generally. Free initial consultation.
What Florida law actually requires in a residential lease
Florida law is unusual among states in requiring very few specific clauses in a residential lease. The Florida Residential Landlord and Tenant Act (Chapter 83, Part II of the Florida Statutes) does not mandate a particular lease form, length, or set of clauses. However, several disclosures, statutory requirements, and legal best practices apply.
The mandatory items:
- Security deposit disclosure (Florida Statute 83.49). Either built into the lease or delivered within 30 days of receiving the deposit, the landlord must disclose the name and address of the depository, whether it's interest-bearing, and the rate of interest payable if applicable.
- Radon gas disclosure. Florida law requires that all real estate transactions, including leases, include a disclosure about radon gas. Most Florida residential leases include the standard statutory disclosure language.
- Lead-based paint disclosure (federal). Required for any rental property built before 1978 under federal Title X. Not Florida-specific, but applies to many older West Palm Beach properties.
- Names and addresses of landlord and authorized agents. Florida Statute 83.50 requires that the landlord or authorized agent be designated in writing as the recipient of legal notices.
Everything else is structured by the lease itself, subject to Florida's prohibitions on certain provisions and the default rules that apply where the lease is silent.
Core lease provisions every WPB landlord should include
| Provision | Why it matters |
|---|---|
| Parties (landlord, tenant, authorized agent) | Identifies who is bound. Required for service of process and legal notices under Florida Statute 83.50. |
| Property description | Full address and identification of the rental unit. Critical for both enforcement and HOA/condo association coordination. |
| Lease term | Start and end dates. Florida law treats month-to-month and other periodic tenancies differently from fixed-term leases. The lease should be specific. |
| Rent amount, due date, and payment method | Florida Statute 83.46 governs rent. The lease should specify the amount, when it's due (typically the first of the month), how payment is made, and any late fees. |
| Security deposit and 83.49 disclosure | Amount, holding method, and depository information. Built-in disclosure satisfies the 30-day notice requirement automatically. |
| Maintenance responsibilities | Florida Statute 83.51 sets the landlord's minimum maintenance duties. Statute 83.52 sets the tenant's. The lease can clarify allocation of specific responsibilities (lawn care, pool maintenance, pest control). |
| Access rights | Florida Statute 83.53 governs landlord access to the rental property. The lease should incorporate this and specify reasonable notice requirements. |
| Pet and smoking policies | Florida law does not regulate these directly; the lease controls. Specific provisions reduce disputes. |
| Default and termination triggers | Lease should specify what constitutes default and cross-reference Florida Statute 83.56 termination procedures (3-day notice for rent, 7-day notice for other violations). |
| HOA / condo association rules | If the property is in a governed community, association rules apply to the tenant. The lease should incorporate or attach the rules and require tenant acknowledgment. |
| Insurance requirements | Renters' insurance is increasingly required. The lease should specify minimum coverage if applicable. |
| Holdover provisions | What happens if the tenant remains past the lease term. Default Florida law applies if the lease is silent, but most landlords prefer to specify. |
What Florida prohibits in a residential lease
Florida Statute 83.47 explicitly prohibits certain provisions. A lease that includes prohibited terms is enforceable as to other provisions, but the prohibited terms are void and unenforceable, and the landlord may face statutory consequences for attempting to enforce them.
Prohibited provisions include:
- Waivers of rights or remedies provided by the Florida Residential Landlord and Tenant Act. The tenant cannot agree to waive statutory protections.
- Provisions making the tenant liable for the landlord's attorney's fees in all cases. The lease can provide for fee-shifting based on prevailing-party outcomes, but it cannot require the tenant to pay the landlord's fees regardless of outcome.
- Waivers of landlord liability for negligence. A lease cannot disclaim the landlord's responsibility for negligently caused injury or damage.
- Waivers of the tenant's right to a jury trial in matters where Florida law provides one. Some leases attempt jury trial waivers; these are scrutinized closely.
- Confessions of judgment. Pre-signed judgments authorizing entry of a judgment against the tenant without notice are prohibited.
Florida courts also scrutinize unconscionable provisions under general contract principles. Provisions that are dramatically one-sided in the landlord's favor, especially in adhesion-contract situations, can be voided even if not specifically prohibited by 83.47.
Need a Florida residential lease that's actually compliant and enforceable?
We draft leases that handle Florida Statute 83.49 disclosure, 83.47 prohibited-provision compliance, 83.51/83.52 maintenance allocation, 83.53 access rights, and 83.56 default triggers correctly. Call (561) 672-1161 or submit through the contact form.
Rent and late fee provisions
Florida Statute 83.46 governs rent generally. The lease should specify:
- The rent amount. Total monthly rent, plus any prorations for partial months.
- Due date. Typically the first of the month, but the lease controls.
- Grace period (if any). Florida law does not mandate a grace period; the lease decides whether one applies.
- Late fees. Late fees must be reasonable. Excessive late fees can be void as unenforceable penalties.
- Returned check fees. Florida Statute 68.065 sets the statutory cap on returned check fees.
- Payment methods. Specify acceptable methods (check, electronic payment, etc.) and any restrictions on cash payments.
For nonpayment of rent, Florida Statute 83.56(3) provides for a 3-day notice (excluding weekends and legal holidays) before the landlord can proceed with eviction. The lease should reference this procedure rather than trying to alter it.
Maintenance responsibilities under Florida law
Florida Statute 83.51 sets the landlord's minimum maintenance duties. The landlord must comply with building, housing, and health codes; maintain roofs, windows, screens, doors, floors, steps, porches, exterior walls, and foundations in good repair; and where applicable, maintain plumbing facilities and supply running water and reasonable amounts of hot water and heat.
Florida Statute 83.52 sets the tenant's minimum maintenance duties. The tenant must comply with building, housing, and health codes; keep the rental clean and sanitary; remove garbage; keep plumbing fixtures clean and used properly; use appliances and facilities reasonably; not destroy or damage the property; and not disturb neighbors.
The lease can clarify allocation of specific responsibilities that aren't addressed by the statutes:
- Lawn care. Default: landlord. Lease can shift to tenant for single-family rentals.
- Pool maintenance. Default: landlord. Lease can shift to tenant or specify shared.
- Pest control. Default depends on context. Lease should specify.
- HVAC filter replacement. Often allocated to tenant for routine replacement.
- Appliance repairs. Landlord by default; lease may differentiate between major appliances (landlord) and tenant-owned items.
Access rights under Florida Statute 83.53
The statute permits the landlord to enter the rental property only with the tenant's consent or under specific circumstances:
- Emergency situations (water damage, fire, gas leak)
- By prior notice for the purpose of inspection, repair, or showing to prospective tenants or purchasers (12 hours' notice is reasonable, but the lease can specify)
- When the tenant unreasonably withholds consent
- When the tenant has abandoned the property
The lease should incorporate these access rights and specify the notice procedure the landlord will follow (in writing, by text message, or other agreed method). Frequent entry without proper notice can give rise to constructive eviction claims by the tenant.
The single most expensive mistake we see in Florida lease drafting is using out-of-state lease forms (often downloaded online) without Florida-specific adaptation. The Florida Residential Landlord and Tenant Act is genuinely different from most other states' laws in several respects: the security deposit holding and notice procedures under 83.49, the 3-day and 7-day notice periods under 83.56, the prohibited provisions list under 83.47, and the maintenance allocation defaults under 83.51 and 83.52.
An out-of-state lease form will typically contain provisions that are flatly prohibited in Florida (broad attorney's fees provisions, sweeping liability waivers, jury trial waivers without proper formalities) alongside provisions that simply don't fit Florida's procedural framework (notice periods that don't match Florida's statutory periods, security deposit procedures that don't match 83.49). When the landlord tries to enforce such a lease in West Palm Beach, the tenant's attorney finds the non-compliance and uses it as leverage. Worst case, the landlord ends up owing the tenant's attorney's fees for trying to enforce an invalid lease provision. The cost of a Florida-specific lease is dramatically less than the cost of the first unenforceability problem. For multi-unit landlords, this matters even more because the same drafting error is multiplied across every tenant relationship.
HOA and condo association overlay
Many West Palm Beach rental properties are within HOA or condominium association governance. The association's rules apply to tenants alongside the lease itself. Common overlays:
- Association approval of tenants. Many associations require background checks and approval before a tenant can occupy.
- Move-in fees and security deposits held by the association. Separate from the landlord's deposit.
- Restrictions on lease length. Some associations prohibit short-term rentals (under 30 days, 90 days, or other thresholds). Some require minimum lease lengths.
- Pet restrictions. Often more restrictive than the lease itself.
- Parking and amenity rules. Apply to tenants. Violations affect the landlord and tenant relationship.
- Use restrictions. Commercial use, signage, exterior modifications.
The lease should incorporate the association's governing documents by reference, attach a copy or summary, and require the tenant's acknowledgment. This protects the landlord against tenant non-compliance with association rules. Our association law practice handles the landlord side of these coordination questions.
The companion topic: security deposits
The Florida Statute 83.49 security deposit framework is detailed enough that it deserves its own treatment. Our companion blog covers: how landlords must hold deposits, the 30-day initial notice, the 15-day and 30-day end-of-lease deadlines, the 15-day tenant objection window, and what landlords can legally deduct. See West Palm Beach Landlord's Guide to Florida Security Deposits for the full breakdown.
Practical lease drafting checklist for West Palm Beach landlords
- Identify the parties. Full legal names of landlord (and authorized agent if applicable) and tenant.
- Describe the property. Full address, unit number, parking spaces, storage included.
- Set the lease term. Start date, end date, and what happens at expiration.
- Specify rent terms. Amount, due date, payment method, late fees, returned check fees.
- Include the 83.49 security deposit disclosure. Amount, holding method, depository information.
- Allocate maintenance responsibilities. Cross-reference 83.51 and 83.52 defaults and clarify any custom allocations.
- Specify access rights. Notice period and method, emergency exceptions.
- Address pets, smoking, occupants, and use restrictions.
- Reference default and termination procedures under 83.56. Don't try to alter the statutory 3-day or 7-day notice periods.
- Incorporate HOA or condo association rules if applicable.
- Include required disclosures. Radon, lead-based paint (pre-1978 properties), 83.49 deposit disclosure.
- Avoid prohibited provisions under 83.47. No sweeping liability waivers, no one-sided attorney's fees provisions, no confessions of judgment.
- Sign and date. Original signatures, dated, with copies retained by both parties.
When to involve counsel for lease drafting
Counsel involvement is most valuable when:
- The landlord operates multiple properties and needs a consistent, compliant template
- The property is in an HOA or condo association that imposes additional requirements
- The property has unique features (pool, dock, agricultural land, equestrian facilities) that require custom maintenance and use provisions
- The lease involves non-standard terms (rent-to-own, lease-purchase options, corporate housing, executive rentals)
- The tenant is a business entity rather than an individual
- The landlord has prior compliance issues or is transitioning from a non-compliant template
Why work with Kelley, Grant & Tanis, P.A.
The firm represents West Palm Beach and South Florida landlords on lease drafting, security deposit compliance, default notices, eviction proceedings, and post-judgment enforcement. We work with individual landlords and multi-unit property managers. Our practice integrates with the firm's real estate law, title insurance, and association law practices for landlords whose properties are within governed communities.
Our offices are in West Palm Beach (1645 Palm Beach Lakes Blvd, Suite #1200-3) and Boca Raton (370 Camino Gardens Blvd., Suite #301). In-person and remote consultations are available.
Frequently Asked Questions
Does Florida require a written lease?
No. Florida law does not require residential leases to be in writing. However, oral leases are notoriously difficult to enforce, and many key protections (security deposit procedures, late fees, maintenance allocations, default triggers) only apply meaningfully when documented in writing. Standard practice is a written lease.
What Florida statute governs residential leases?
Chapter 83, Part II of the Florida Statutes, known as the Florida Residential Landlord and Tenant Act. Key sections include 83.43 (definitions), 83.46 (rent), 83.47 (prohibited provisions), 83.49 (security deposits), 83.51 and 83.52 (maintenance), 83.53 (access), 83.56 (termination), and 83.59 (right of action).
What provisions are prohibited in Florida residential leases?
Under Florida Statute 83.47, prohibited provisions include: waivers of statutory rights and remedies; one-sided attorney's fees provisions making the tenant liable regardless of outcome; waivers of landlord liability for negligence; certain jury trial waivers; and confessions of judgment. Including such provisions doesn't void the entire lease, but the prohibited terms are unenforceable and can produce statutory consequences if the landlord attempts to enforce them.
What disclosures are required in a Florida residential lease?
The required disclosures include: security deposit information under Florida Statute 83.49 (where held, holding method, interest rate if applicable), radon gas disclosure, and lead-based paint disclosure for properties built before 1978 (federal Title X). The lease should also designate the landlord or authorized agent for purposes of legal notices.
Can a Florida landlord charge any late fee they want?
No. Late fees must be reasonable. Excessive late fees can be void as unenforceable penalties under general contract law. Florida courts apply reasonableness standards that examine the actual harm caused by late payment relative to the fee charged. Most enforceable late fees fall in the range of 5 to 10 percent of monthly rent.
How does Florida treat landlord access to the rental property?
Under Florida Statute 83.53, the landlord can enter only with tenant consent or in specific circumstances: emergencies, prior notice for inspection or repair, when the tenant unreasonably withholds consent, or when the tenant has abandoned the property. The lease should specify reasonable notice periods (typically 12 hours or 24 hours in writing) and the method of notice.
What are the Florida default termination notice periods?
Under Florida Statute 83.56: 3 days for nonpayment of rent (excluding weekends and legal holidays); 7 days for non-rent lease violations that are curable; 7 days for non-curable violations. The lease should reference these statutory periods rather than trying to alter them.
Are out-of-state lease forms valid in Florida?
Most out-of-state lease forms contain provisions that don't fit Florida law: notice periods that don't match Florida's statutory periods, security deposit procedures that don't match 83.49, prohibited provisions under 83.47, and maintenance allocations that don't track Florida's defaults. Using an out-of-state form without Florida-specific adaptation typically results in unenforceability problems and exposure to tenant attorney's fees claims. Florida-specific drafting is meaningfully different.
Need a Florida-Compliant Residential Lease?
We draft Florida residential leases for West Palm Beach and South Florida landlords. Compliant with 83.49 disclosures, 83.47 prohibitions, and the full Florida landlord-tenant framework. Free initial consultation.