TurboTenant’s Florida lease agreement has been written and reviewed by Florida lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the Florida Lease Agreement.
Overview
The Florida lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with Florida law. In order to stay compliant with the law, you will not be able to edit any details in Section 2, except the security deposit bank info in Section 2.4.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like most of Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process.
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example Florida Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property-specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to Florida
Section 2 includes language that is specific to Florida. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here (except for security deposit details in Section 2.4).
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the 1st of every month. If your tenants do not pay the full rent amount by 5:00 pm on the 2nd, then you are entitled to charge a late fee of 5% of the unpaid rent amount for that month. So for example, if today is the 3rd and your tenants have not paid their $1,000 monthly rent amount, then you may charge them a late fee of $50. This is a one-time fee each month based on the unpaid balance.
Occupancy Limits and Guests - Section 2.5
Only tenants and any additional occupants (which are dependents such as children) may occupy the premise. One guest is allowed but only for a maximum of 15 days every 6 months.
Notification of Repairs - Section 2.7
Your tenants must pay for any repairs that are due to their, or their guests, misuse or negligence of the property.
Your tenants must immediately notify you of serious building problems such as a crack in the foundation, any leaking or running water, appliance malfunction, or electrical shorting. Failure to let you know may make it so the tenant is responsible for the damages due to not addressing the problem sooner.
You as the landlord must pay for any repairs necessary to create a healthy and safe living environment for your tenant.
Notifying of absences - Section 2.9
The tenants must notify you if they will be gone from the rental property for more than 7 days. You are allowed to check-in and even enter the rental property while they are gone to ensure everything is alright.
Changing Locks - Section 2.12
If your tenant wants to change locks or security devices, they must request to do so in writing. Any additional rekeying, security devices, etc. that the tenant wants must be paid by them but will still be installed by you as the landlord.
Section 3
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Follow the Law (noise, drugs, etc.) - Section 3.14
Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.
Helpful things to know about Florida Landlord-Tenant law
There are a number of items specific to Florida that are important to know related to the law that governs Landlord-Tenant agreements.
Security Deposit Collection
There is no limit to the amount of a security deposit in Florida.
If interest is received on the bank account holding the tenant’s security deposits you are required to pay the tenant the interest in accordance with state law.
Landlords of 5 or more units are required to provide the location of the depository / bank and keep it current, in writing, if changed.
This is a summary of state laws and is not intended to be all-encompassing, check state and local laws for additional information.
Security Deposit Return
Landlords not deducting charges from a security deposit must return the deposit within 15 days.
Landlords deducting from a security deposit must provide written notice of intent to make a deduction within 30 days.
Unless the tenant objects within 15 days after receipt of the landlord’s notice of intention to impose a deduction, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
This is a summary of state laws and is not intended to be all-encompassing, check state and local laws for additional information.
Miscellaneous
There are a lot of security deposit banking provisions in Florida law (Source 83.49). These are addressed in the rental agreement section 2.4
Radon disclosures are required for rentals (Source 404.056 (5)). The lease agreement addresses this in section 2.14.
Florida law requires a 12 hour notice to enter the premises for repairs (Source 83.53). This is addressed in section 2.8.
A landlord cannot restrict the use of a “floatation bedding system” (waterbed) so long as it is allowed by building codes and the tenant carries insurance to protect for damage (Source 83.535). The lease agreement addresses this in section 2.15.
There are some specific laws (83.595) regarding the “Choice of remedies upon breach or early termination by tenant.” These are not required to be in lease agreements, and have not been included in the TurboTenant lease agreement.
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the Florida Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement.
We wanted our lease agreement to handle the majority of use cases for landlords in Florida. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
Disclaimer: Changing some terms in the lease may conflict with state or local laws. If you make large edits, we recommend speaking with an attorney. Please have a look at your specific state lease agreement for more information. TurboTenant is not responsible for edits that are not compliant with state laws. TurboTenant is unable to provide legal advice.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.