Florida Room Rental Agreement
Renting out a room in your Florida home can pay dividends financially, though it’s not without challenges. Whether you’re renting out a room in your primary home for some extra income (or “house hacking”) or looking to cover your mortgage payments, renting space in your home can be a rewarding experience.
Regardless of why you’re renting a room, it’s imperative to ensure you’re legally covered. In this guide, we’ll review what you should include in a room rental agreement, state and federal laws that could impact you, and how to protect yourself at every stage.
Read on to understand the ins and outs of a room rental agreement, Florida edition.
Florida Room Rental Laws
Each state writes its own landlord-tenant laws to protect landlords and tenants, and Florida is no exception. According to Florida law, renting out a room is similar to renting out an entire house or apartment, with some nuances here and there.
The most significant differences between traditional Florida landlord-tenant law in relation to room rentals mainly involve landlord entry into the room, shared spaces and common areas, security deposits, utilities, and evictions.
In the following sections, we’ll review types of room rental agreements and the specific laws that affect a room rental agreement in Florida.
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Types of Room Rental Agreements
Florida landlords have several options to consider when making a room rental agreement, depending on the specific need. The type of agreement selected will affect the flexibility of the contract, legal protections, and the obligations the landlord and tenant may be responsible for.
- Verbal agreement: This kind of agreement happens when a renter and landlord agree on terms without committing it to writing. While verbal Florida room rental agreements are legal, we don’t recommend them for a few reasons. They can be difficult to enforce and create the potential for miscommunication.
- Fixed-term lease: A fixed-term lease establishes a firm rental period, and all parties must sign it to be legally binding. While it provides stability, it is less flexible than other lease types.
- Month-to-month lease: A month-to-month lease is a flexible rental agreement that allows the landlord or tenant to cancel the agreement at any time, as long as either party provides proper notice. Because there is no end date, month-to-month tenants are considered “tenants at will.” They’re afforded the same protection under Florida landlord-tenant law as tenants on fixed-term leases.
While the best rental agreement for your available room could depend significantly on your specific needs, a written lease should be prioritized over a simple verbal agreement.
Required Landlord Disclosures
When a Florida room rental agreement is signed, state landlord-tenant law requires landlords to present a tenant with certain disclosures to keep the tenant up-to-date about state laws, relevant local information, and the unit itself.
Florida landlords are required to make the following disclosures to tenants:
- Lead-based paint: Landlords must disclose whether they know of or are aware of the presence of lead-based paint or lead-based paint hazards in any unit constructed before 1978. The federal government requires this disclosure.
- Radon: For every rental agreement lasting more than 45 days, Florida landlords must include a warning about the dangers of radon gas. (Fla. Stat. § 404.056(5)).
- Fire protection: Landlords must disclose details about fire protection, including smoke detectors and fire extinguishers, for all units in buildings with more than three stories (Fla. Stat. § 719.616).
- Security deposit receipt: All landlords managing five or more units must inform tenants where their security deposit is held and if it’s in an interest-bearing account. (Fla. Stat. § 83.49(2)).
- Landlord’s contact info: The landlord’s name and current address must be clearly disclosed to the tenant at the time of lease signing (Fla. Stat. § 83.50).
Note: TurboTenant includes all of these required disclosures, making it easy to get up and running quickly.
Security Deposits
Maximum security deposit: No state law limits how much a landlord can charge for security deposits in Florida.
Security deposit receipt: Landlords with five or more rental units are required to provide a receipt of the deposit within 30 days of receiving the funds. The receipt must include the bank’s name, where the deposit is held, and whether it’s in an interest-bearing account (Fla. Stat. § 83.49(2)).
Deduction tracking: If the landlord deducts funds from the security deposit for repairs outside of normal wear and tear, they must provide the tenant with an itemized list of the deductions within 30 days of moving out. The tenant has 15 days to contest the deductions. Otherwise, the landlord has 30 days to return the remainder of the funds (Fla. Stat. § 83.49).
Security deposit return: Unless the landlord intends to withhold funds for repairs, they must return security deposits within 15 days of the tenant vacating (Fla. Stat. § 83.49(3a)).
Pet deposits: Florida has no laws regulating the pet deposit amount or how landlords can collect it.
Rent Payment Regulations
Late rent fees: Landlords in Florida can charge a maximum of $20 or 20% of monthly rent, whichever is greater, for late fees (Fla. Stat. § 83.808(3)).
Right to withhold rent: If a landlord doesn’t make required repairs within 20 days of receiving notice from the tenant, the tenant may withhold rent for the next rental period until the landlord completes the repair. Once the repair is completed, the tenant must pay the entire back rent due (Fla. Stat. § 83.201)
Grace period: Florida law does not require a grace period for late rent payments before a landlord applies a late fee.
Pet rent: No law regulates pet rent in Florida.
Rent Payment Increase Rules
Rent payment increase frequency: There is no specific limit on the number of times a landlord in Florida can increase the rent as long as they provide proper notice.
Rent payment increase maximum: Florida does not have a statewide limit on the amount landlords can increase rent.
Rent control/stabilization: Florida does not have statewide rent control, though some local jurisdictions have passed rent control guidelines.
Room Rental Agreement Breaches
Failure to pay: If a room rental tenant doesn’t pay rent, the landlord must follow standard eviction practice and deliver a 3-day Notice to Pay or Quit (Fla. Stat. § 83.56(3)).
Lease violations: Florida landlords can deliver a 7-day Notice to Cure for minor lease violations, giving the tenant a week to remedy the violation. For serious violations, the landlord can deliver a 7-day Notice to Quit (Fla. Stat. § 83.56(2(b)), (Fla. Stat. § 83.56(2(a))).
Lease abandonment: If the tenant leaves a lease agreement early without a legally qualifying reason, the landlord can take legal action to recoup lost rent costs and damages (Fla. Stat. § 83.595).
Self-help evictions: Florida landlords should never attempt to remove a tenant by turning off utilities or changing the locks. These acts are considered self-help evictions, and they’re illegal (Fla. Stat. § 83.67).
Ending a Room Rental Agreement
Florida landlords can expect similar language to standalone leases in a room rental agreement, with some minor differences.
Month-to-month: Landlords or tenants can terminate a month-to-month room rental agreement at any time by providing at least 30 days’ written notice (Fla. Stat. § 83.595).
Fixed-term: Fixed-term leases end on the last day listed in the agreement, but the tenant can end them early and without repercussions if they meet a legally qualifying condition
Tenant’s right to terminate: Tenants can end a fixed-term lease if they meet one of the following conditions:
- Entering into active military duty
- Uninhabitable living conditions
- Landlord harassment
- Landlord retaliation
For more information, consider reading Breaking a Lease in Florida.
Landlord Room Access Laws
Immediate access: Landlords are legally allowed to enter a tenant’s room in situations of emergency with reasonable (24 hours) advance notice.
Landlord harassment: Repeatedly entering a tenant’s room can be considered landlord harassment and is not allowed according to Florida law. (Fla. Stat. § 83.53(3)).
Advance notice: While landlords with tenants in standalone units must provide at least 24 hours’ notice before entering a tenant’s unit, there is no specific law regarding room rental entry. The lease agreement should clearly list the entry rules to avoid confusion or miscommunication.
Agreement Renewal/Termination
Required renewals: Florida landlords are not required to renew a tenant’s lease.
Required notice: When the landlord does not intend to renew a fixed-term lease, 60 days’ notice is required. For month-to-month leases, they only need to provide 15 days’ notice.
Room Rental Agreement Florida FAQs
What to include in a Florida room rental agreement?
A Florida room rental agreement (which can be delivered digitally or as a printable PDF) should include the names of all parties, the property’s address, the lease term, information about rent and security deposits, and rules regarding utilities and common space guidelines.
How do I legally rent out a room?
If your home is zoned for room rentals, you have a legally sound rental agreement ready to go. If you fill out the required forms, have the necessary permits (if required), and follow all applicable state laws, you’re ready to rent a room.
How to make a Florida room rental agreement?
While landlords can create their own lease agreements, TurboTenant offers state-specific templates for all 50 states. It’s an easy way to achieve compliance.
