Florida Lease Agreement

TurboTenant has meticulously crafted a Florida lease agreement, with careful reviews and contributions from Florida legal experts and seasoned landlords. This comprehensive document is designed to keep landlords legally compliant and thoroughly protected as they navigate the property rental landscape.

Section 1 – Tailored Information

The first section of the lease is dedicated to capturing information that is unique to the landlord’s situation, including tenant identities, rental amounts, and utility arrangements. This customizable section is completed through TurboTenant’s lease creation process. This setup ensures clarity and ease of understanding for both landlords and tenants, with key details presented in a summary table front and center in the lease document. Further aspects of the tenancy such as smoking policies, utility responsibilities, and key management are detailed in the remainder of Section 1. Noteworthy points in this section include:

  • Additional Provisions: Here, landlords can append specific rules, necessary local clauses, or other particular terms that are pertinent to their property. It is prudent for such provisions to be scrutinized by a legal professional.
  • Lost Key Policy: Should tenants fail to return all keys upon vacating the premises, they shall bear the full cost of rekeying the property.

Section 2 – Florida-Specific Clauses

The second section is composed of clauses that are particularly tailored to align with Florida’s legal framework. To ensure adherence to state laws, these clauses are fixed, with the exception of security deposit information in Section 2.4, which can be modified as well as by using our Advanced Editor feature. Please note that changing any clauses in Sections 2 and 3 may take you out of compliance with state or local law so consultation with an attorney is always advised. Highlighted clauses within this section include:

  • Late Fees (Section 2.1): Rent is due promptly on the first of each month. Tenants who fail to remit payment by 5:00 pm on the second day of the month are subject to a late fee amounting to 10% of the outstanding rent.
  • Occupancy Limits and Guests (Section 2.5): The premises are to be occupied exclusively by the tenants and any additional occupants listed, such as dependents. Guests are permitted but are limited to a stay of no more than 15 days every six months.
  • Repair Notifications (Section 2.7): Tenants are financially responsible for repairs stemming from their misuse or negligence and must immediately report any significant property issues to the landlord. Conversely, the landlord is responsible for repairs necessary to maintain a habitable environment.

Section 3 – General U.S. Landlord Clauses

The third section includes clauses that are generally standard across lease agreements in the United States. These clauses, crafted in collaboration with experienced landlords, encapsulate best practices for a solid landlord-tenant relationship. This section covers:

  • Subletting (Section 3.1): Tenants are strictly prohibited from subletting without the landlord’s express written consent.
  • Property Alterations (Section 3.2): Tenants must obtain written permission from the landlord for any property alterations or improvements. The property must be restored to its original condition upon the tenant’s departure unless otherwise agreed.

Vital Florida Landlord-Tenant Law Insights

Florida’s landlord-tenant law encompasses several specific items that landlords should be well-versed in:

  • Security Deposit Collection and Return: Florida places no maximum on security deposit amounts, and interest earned on these deposits must be paid to tenants according to state law. Landlords with five or more units must disclose the location of the security deposit bank and provide updates if changes occur.
  • Security Deposit Return: Landlords have 15 days to return a security deposit if no charges are deducted. If deductions are made, a written notice must be provided within 30 days, with tenants having 15 days to object. Afterward, landlords can deduct the claimed amount and must return the balance within 30 days.

Florida-Specific Legal Provisions

TurboTenant’s Florida lease agreement addresses various state-specific legal provisions:

  • Security Deposits: Section 2.4 of the lease agreement covers banking provisions for security deposits as outlined in Florida law (Source 83.49).
  • Radon Disclosures: Landlords must disclose radon testing information as required by law (Source 404.056 (5)), which is included in section 2.14 of the lease agreement.
  • Landlord Entry: Florida law mandates a 12-hour notice for landlords to enter premises for repairs (Source 83.53), which is covered in section 2.8 of the lease.
  • Waterbed Usage: Tenants have the right to use a “flotation bedding system” provided building codes allow it and they carry the necessary insurance (Source 83.535). This is addressed in section 2.15 of the lease.
  • Breach or Early Termination Remedies: The lease does not include specific laws regarding remedies upon tenant breach or early termination (Source 83.595) but landlords should be aware of these statutes.
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FAQ

What are the consequences if a tenant fails to return their keys?

According to the lease agreement, tenants who do not return all keys must pay the full cost for rekeying the property.

What happens if rent is paid late in Florida?

Landlords are entitled to charge a late fee if rent is not paid by 5:00 pm on the second day of the month. The fee is 10% of the unpaid rent amount.

How does the lease address security deposit returns?

Landlords must return the security deposit within 15 days if no deductions are made. If deductions are necessary, landlords must notify the tenant within 30 days and, if uncontested, return the remaining balance within 30 days after the notice.

Are there any specific Florida laws I should be aware of as a landlord?

Yes, Florida law includes specific provisions regarding security deposit handling, radon disclosures, landlord entry, and waterbed usage. Ensure you are familiar with these laws and how they are addressed in the lease agreement to maintain compliance.

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