Lease Agreement requirements in Florida
- Both landlord and tenant must sign the lease to make it legally binding.
- The lease must include the names and signatures of all tenants and the landlord (or authorized agent).
- Clearly state the property address, lease term (start and end dates), and monthly rent amount.
- Include the due date for rent, late fee provisions (if any), and grace period (if applicable).
- Disclose any non-refundable fees, such as application fees or pet fees, in writing.
- Specify penalty for dishonored checks (up to $25 plus bank fees, per Florida law).
How to create a Lease Agreement in Florida
- Obtain a current Florida lease agreement template or draft your own that complies with state law.
- Fill in all blanks: tenant and landlord names, property address, lease dates, rent amount, security deposit amount, and payment terms.
- Include required disclosures, such as radon gas disclosure (if applicable) and the Florida-friendly landscaping notice if the property is in a homeowners' association.
- Review Florida landlord-tenant laws, especially regarding security deposits (must be held in a separate account or post a bond) and eviction procedures.
- Have both parties sign and date the lease. While witnesses are not required by law, having a witness or notarization can help prove authenticity if challenged.
- Provide a copy to the tenant immediately. The lease becomes effective upon signing.
What a Lease Agreement typically costs
The cost of a Florida lease agreement can range from $0 to $50 for a template if you use online services, but attorney-drafted leases can cost several hundred dollars. There are no state filing fees for residential leases. Landlords may incur costs for background checks and credit reports, which are typically passed on to applicants as application fees.
Get a free Florida lease agreement template from a reputable source to get started today.
Create your lease agreementBefore You Begin: Florida Lease Checklist
Prepare thoroughly before drafting your Florida lease agreement to ensure it's legally sound and avoids common pitfalls.
- Have all parties' full legal names, contact information, and the complete rental property address ready.
- Determine the lease term (e.g., fixed-term vs. month-to-month) and specify the exact start and end dates.
- Clearly outline rent amount, due date, late fees, and acceptable payment methods, ensuring compliance with Florida law on fee limits.
- Gather any pet policies, including deposits, fees, and restrictions, and decide on utility responsibilities.
- Review Florida-specific rules on security deposits (e.g., max amount, storage, and return timelines) and include required disclosures.
- Confirm whether witnesses or notarization are needed: Florida does not require notarization for residential leases, but it's wise for signatures to be witnessed if you anticipate disputes.
Frequently asked questions
Do I need a lawyer to create a lease agreement in Florida?
No, but a lawyer helps ensure your lease complies with Florida laws and protects you. Simple lease templates are often sufficient for standard rentals, but if you have unique terms or rent to multiple tenants, legal review is wise.
Are verbal lease agreements legal in Florida?
Yes, verbal leases are legal for terms of one year or less. However, a written lease avoids misunderstandings and is required for leases longer than one year to be enforceable under the Statute of Frauds.
What disclosures are mandatory in a Florida lease?
Florida law requires disclosure of known lead-based paint hazards in pre-1978 housing, radon gas notice (if not already provided), and a statement about the property's flood risk (if the landlord knows the property is in a flood zone).
Can I charge a late fee on a lease in Florida?
Yes, but the fee must be reasonable and not a penalty. Florida law does not set a specific limit, but a common practice is a flat fee or percentage of rent, and the lease must state it clearly.