The Florida Realtors Residential Lease form is a comprehensive document designed for leasing residential properties like apartments, mobile homes, condominiums, or cooperatives in multi-family rental housing, excluding duplexes. This form, prepared with the assistance of a licensee, includes detailed provisions covering terms, deposits, maintenance responsibilities, and more, ensuring all parties are aware of their obligations. To secure a lease agreement that protects your rights as a landlord or tenant, consider filling out this form attentively.
Ensure you understand each section before signing — click the button below to get started on your Florida Residential Lease form.
The Florida Realtors Residential Lease form, catering specifically to apartments or units within multi-family rental housing (excluding duplexes) and extending to mobile homes, condominiums, or cooperatives, epitomizes a comprehensive legal framework designed to govern the landlord-tenant relationship within the state of Florida. It mandates the disclosure of nonlawyer assistance in its completion, underscoring the significance of informed consent by both parties. Not only does it address the basic necessities of identifying the parties involved, delineating the property rented, and specifying the terms of the lease, but it also traverses more nuanced territories such as maintenance responsibilities, deposits, utilities, and the permissible use of premises. Unique provisions accommodate servicemembers, while explicit clauses regulate landlord access, tenant alterations, and subleasing conditions. This document is not merely a contract but a safeguard designed to uphold fairness, transparency, and legal integrity in residential leasing, framing the obligations and rights of both landlords and tenants within a legally binding document. Encompassed within are detailed instructions ensuring compliance with legal standards and the preservation of rights, spanning the initial filling out of the form to the handling of potential disputes, property maintenance, and the specific provisions necessary for adapting to various residential contexts within Florida's diverse housing landscape.
Residential Lease for Apartment or Unit in Multi-Family Rental
Housing (other than a Duplex) Including a Mobile Home,
Condominium, or Cooperative
INSTRUCTIONS:
1.Licensee: Give this disclosure to the Landlord prior to your assisting with the completion of the attached Lease.
2.Licensee: As the person assisting with the completion of the attached form, insert your name in the first (5) blank “Name” spaces below.
3.Licensee: SIGN the disclosure below.
4.Landlord/Owner and Tenant: Check the applicable provision regarding English contained in the disclosure and SIGN below.
5.Licensee: Retain a copy for your files for at least 6 years. Landlord/Owner and Tenant: Retain a copy for your files. This disclosure does not act as or constitute a waiver, disclaimer or limitation of liability.
THIS FORM WAS COMPLETED WITH THE ASSISTANCE OF:
________________________________________________________
_______________________________________________________
Licensee Name
Name of Brokerage/Business
Address
Phone Number
DISCLOSURE:
________________________________________________________________ told me that he/she is a nonlawyer and may not give
(Name)
legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court.
Rule 10-2.1(b) of the Rules Regulating the Florida Bar defines a paralegal as a person who works under the supervision of a member of the Florida Bar and who performs specifically delegated substantive legal work for which a member of the Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals.
________________________________________________________________ informed me that he/she is not a paralegal as defined
by the rule and cannot call himself/herself a paralegal.
________________________________________________________________ told me that he/she may only help me type the factual
information provided by me in writing into the blanks on the form.
________________________________________________________________ may not help me fill in the form and may not complete
the form for me.
If using a form approved by the Supreme Court of Florida, _____________________________________________________ may
ask me factual questions to fill in the blanks on the form and may also tell me how to file the form.
Landlord/Owner:
Tenant:
_______ I can read English.
______ I can read English.
_______ I cannot read English but this notice was read to me by
______ I cannot read English but this notice was read to me by
____________________________________________ in
_________________________________ which I understand.
(Language)
_____________________________________
______________________________________
(Licensee Signature)
(Landlord Signature)
(Tenant Signature)
This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics.
The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms.
RLAUCC-1 Rev. 4/10 © 2010 Florida Realtors® All Rights Reserved
________________________________________________________________________________
(FOR A TERM NOT TO EXCEED ONE YEAR)
(Not To Be Used For Commercial, Agricultural, or Other Residential Property)
WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS.
AN ASTERISK (*) OR A BLANK SPACE (__________) INDICATES A PROVISION WHERE A CHOICE OR A DECISION MUST BE MADE
BY THE PARTIES.
NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED.
1. TERMS AND PARTIES. This is a lease ("the Lease") for a period of __________ months (the "Lease Term"), beginning
(number)
____________________________________________and ending ____________________________________________,between
(month, day, year)(month, day, year)
________________________________________________________ and _______________________________________________
(name of owner of the property)
(name(s) of person(s) to whom the property is leased)
(In the Lease, the owner, whether one or more, of the property is called "Landlord." All persons to whom the property is leased are called "Tenant.")
Landlord's E-mail Address:
Landlord's Telephone Number:
Tenant's E-mail Address:
Tenant's Telephone Number:
II.PROPERTY RENTED. Landlord leases to Tenant apartment or unit no. ___________ in the building located at
_____________________________________________________________________________________________ known as
(street address)
______________________________________________________________________, ___________________________________,
(name of apartment or condominium)(city)
Florida ________________, together with the following furniture and appliances:
(zip code)
_________________________________________________________________________________________________
[List all furniture and appliances. If none, write "none."] (In the Lease, the property leased, including furniture and appliances, if any, is called "the Premises.")
III.COMMON AREAS. Landlord grants to Tenant permission to use, during the Lease Term, along with others, the common areas of the building and the development of which the Premises are a part.
IV. RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in installments of $______________ each on
the________________________ day of each _________________________ [month, week]
(a "Rental Installment Period," as used in the Lease, shall be a month if rent is paid monthly, and a week if rent is paid weekly.)
Tenant shall pay with each rent payment all taxes imposed on the rent by taxing authorities. The amount of taxes payable on the beginning date of the Lease is $__________ for each installment. The amount of each installment of rent plus taxes ("the Lease Payment"), as of the
date the Lease begins, is $_____________. Landlord will notify Tenant if the amount of the tax changes. Tenant shall pay the rent and all
other charges required to be paid under the Lease by cash, valid check, or money order. Landlord may appoint an agent to collect the Lease Payment and to perform Landlord's obligations.
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 1 of 7
RLAUCC-1 Rev. 4/10 ©2010 Approved for use under rule 10-2.1(a) of The Rules Regulating the Florida Bar
Unless this box
is checked, the Lease Payments must be paid in advance beginning ____________________________________.
(date)
If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from
____________________________ through
____________________________ in the amount of $____________ and shall be due
on ____________________________. (If rent paid monthly, prorate on a 30-day month.)
V.DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease Payments described above, Tenant shall pay the following: (check only those items that apply)
___________
a security deposit of $ _________________ to be paid upon signing the Lease.
advance rent in the amount of $ _________________ for the Rental Installment Periods of ___________________
to be paid upon signing the Lease.
a pet deposit in the amount of $_________________ to be paid upon signing the Lease.
a late charge in the amount of $ _________________ for each Lease Payment made more than _______________
days after the date it is due.
a bad check fee in the amount $ _________________ (not to exceed $20.00 or 5% of the Lease Payment,
whichever is greater) if Tenant makes any Lease Payment with a bad check. It Tenant makes any Lease Payment
with a bad check, Landlord can require Tenant to pay all future Lease Payments in cash or by money order.
Other:_______________________________________________________________________________________
VI. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit or advance rent the following provisions apply:
A.Landlord shall hold the money in a separate interest-bearing or non-interest-bearing account in a Florida banking institution for the benefit of Tenant. If Landlord deposits the money in an interest-bearing account, Landlord must pay Tenant interest of at least 75% of the annualized average interest paid by the bank or 5% per year simple interest, whichever Landlord chooses. Landlord cannot mix such money with any other funds of Landlord or pledge, mortgage, or make any other use of such money until the money is actually due to Landlord; or
B.Landlord must post a surety bond in the manner allowed by law. If Landlord posts the bond, Landlord shall pay Tenant 5% interest per year.
At the end of the Lease, Landlord will pay Tenant, or credit against rent, the interest due to Tenant. No interest will be due Tenant if Tenant wrongfully terminates the Lease before the end of the Lease Term.
If Landlord rents 5 or more dwelling units, then within 30 days of Tenant’s payment of the advance rent or any security deposit, Landlord must notify Tenant in writing of the manner in which Landlord is holding such money, the interest rate, if any, that Tenant will receive, and when such payments will be made.
VII. NOTICES. ______________________________________________________ is Landlord’s Agent. All notices to Landlord and all
(name)
Lease Payments must be sent to Landlord's Agent at ________________________________________________________________
(address)
unless Landlord gives Tenant written notice of a change. Landlord’s Agent may perform inspections on behalf of Landlord, subject to Article XII below. All notices to Landlord shall be given by certified mail, return receipt requested, or by hand delivery to Landlord or Landlord’s Agent.
Any notice to Tenant shall be given by certified mail, return receipt requested, or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at the Premises.
VIII. USE OF PREMISES. Tenant shall use the Premises only for residential purposes. Tenant also shall obey, and require anyone on the Premises to obey, all laws and any restrictions that apply to the Premises. Landlord will give Tenant notice of any restrictions that apply to the Premises.
If the Premises are located in a condominium or cooperative development, the Lease and Tenant’s rights under it, including as to the common areas, are subject to all terms of the governing documents for the project, including, without limitation, any Declaration of Condominium or proprietary lease, and any restrictions, rules, and regulations now existing or hereafter adopted, amended, or repealed.
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 2 of 7
Unless this box is checked, Landlord may adopt, modify, or repeal rules and regulations for the use of common areas and conduct on the Premises during the Lease Term. All rules and regulations must be reasonable and in the best interest of the development in which the Premises are located.
Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than _______ nights in any
calendar month (If left blank, 7). Landlord’s written approval is required to allow anyone else to occupy the Premises.
Unless this box is checked or a pet deposit has been paid, Tenant may not keep or allow pets or animals on the Premises without Landlord’s approval of the pet or animal in writing.
is checked, no smoking is permitted in the Premises.
Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without Landlord’s consent.
Tenant shall not create any environmental hazards on or about the Premises.
Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any person to do so.
Tenant may not make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement. However, unless this box is checked, Tenant may hang pictures and install window treatments in the Premises without Landlord’s consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal.
Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace.
IX. MAINTENANCE. Landlord and Tenant agree that the maintenance of the Premises must be performed by the person indicated below:
A.Landlord's Required Maintenance. Landlord will comply with applicable building, housing, and health codes relating to the Premises. If there are no applicable building, housing, or health codes, Landlord shall maintain and repair the roofs, porches, windows, exterior walls, screens, foundations, floors, structural components, and steps, and keep the plumbing in reasonable working order. If the Premises are located in a condominium, Landlord and Tenant acknowledge that the maintenance of the structural elements and common areas is performed by the condominium association as part of the common area maintenance. Landlord shall assure that the association complies with applicable building, housing, and health codes relating to the Premises. If there are no applicable building, housing, or health codes, Landlord shall assure that the association maintains and repairs roofs, porches, windows, exterior walls, screens, foundations, floors, structural components, and steps, and keeps the plumbing in reasonable working order. Landlord will be responsible for the maintenance of any items listed above for which the association is not responsible.
B.Elective Maintenance. Fill in each blank space in this section with Landlord or Tenant to show who will take care of the item noted. If a space is left blank, Landlord will be required to take care of that item (or assure that the association takes care of the items if the Premises are located in a condominium).
Smoke Detectors
Extermination of rats, mice, roaches, ants, woo-destroying organisms, and bedbugs
Locks and keys
Clean and safe condition of outside areas
Garbage removal and outside garbage receptacles
Running water
Hot water
Lawn
Heat
Air conditioning
Furniture
Appliances
Fixtures
Pool (including filters, machinery, and equipment)
Heating and air conditioning filters
Other: ________________________________________________________________________________________
Tenant's responsibility, if any, indicated above, shall not include major maintenance or major replacement of equipment.
Landlord shall be responsible for major maintenance or major replacement of equipment, except for equipment for which Tenant has accepted responsibility for major maintenance or major replacement in the previous paragraph.
Major maintenance or major replacement means a repair or replacement that costs more than $ _________________.
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 3 of 7
Tenant shall be required to vacate the Premises on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph. When vacation of the Premises is required for extermination, Landlord shall not be liable for damages but shall abate the rent.
Nothing in this section makes Landlord responsible for any condition created or caused by the negligent or wrongful act or omission of Tenant, any member of Tenant's family, or any other person on the Premises with Tenant's consent.
C.Tenant's Required Maintenance. At all times during the Lease Term, Tenant shall:
1.comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes;
2.keep the Premises clean and sanitary;
3.remove all garbage from the dwelling unit in a clean and sanitary manner;
4.keep all plumbing fixtures in the dwelling unit clean, sanitary, and in repair; and
5.use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators.
X.UTILITIES. Tenant shall pay all charges for hook-up, connection, and deposit for providing all utilities and utility services to the Premises during the Lease Term except _______________________________________________________________________, which Landlord agrees to provide at Landlord’s expense. (Specify any utilities to be provided and paid for by Landlord such as water, sewer, oil, gas, electricity, telephone, garbage removal, etc.).
XI. SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83.682, Florida Statutes, the provisions of which can be found in the attachment to this Lease.
XII. LANDLORD'S ACCESS TO PREMISES. Landlord or Landlord's Agent may enter the Premises in the following circumstances:
A.At any time for the protection or preservation of the Premises.
B.After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C.To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances:
1.with Tenant's consent;
2.in case of emergency;
3.when Tenant unreasonably withholds consent; or
4.if Tenant is absent from the Premises for a period of at least one-half a Rental Installment Period. (If the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant’s consent or for the protection or preservation of the Premises.)
XIII. PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can be found in the attachment to this Lease.
XIV. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenant’s consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease within 30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case Tenant’s liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed.
XV. DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease.
XVI. ASSIGNMENT AND SUBLEASING. Unless this box is checked, Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining Landlord’s written approval and consent to the assignment or sublease.
XVII. RISK OF LOSS. Subject to the next sentence, Landlord shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, and personal effects of the Tenant, or Tenant’s family, agents, employees, guests, or visitors located in or about the Premises, or for damage or injury to Tenant or Tenant’s family, agents, employees, guests, or visitors. Nothing contained in this provision shall relieve Landlord or Tenant from responsibility for loss, damage, or injury caused by its own negligence or willful conduct.
XVIII. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time.
XIX. LIENS. The interest of the Landlord shall not be subject to liens for improvements by the Tenant as provided in Section 713.10, Florida Statutes. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not allow any liens to attach to Landlord’s interest.
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 4 of 7
XX.APPROVAL CONTINGENCY. If applicable, the Lease is conditioned upon approval of Tenant by the association that governs the Premises. Any application fee required by an association shall be paid by Landlord Tenant. If such approval is not obtained prior to commencement of Lease Term, either party may terminate the Lease by written notice to the other given at any time prior to approval by the association, and if the Lease is terminated, Tenant shall receive return of deposits specified in Article V, if made. If the Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due diligence in applying for association approval and to comply with the requirements for obtaining approval. Landlord Tenant shall pay the security deposit required by the association, if applicable.
XXI. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but in no event may the total Lease Term exceed one year. A new lease is required for each year.
XXII. LEAD-BASED PAINT. Check and complete if the dwelling was built before January 1, 1978. Lead Warning Statement (when used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant)
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure (initial)
_________(a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below):
(i)_____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
___________________________________________________________________________________________________________
(ii)_____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
_________(b) Records and reports available to the Lessor (check (i) or (ii) below):
(i)_____ Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
(ii)_____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Lessor's Acknowledgment (initial)
_________(c) Lessee has received copies of all information listed above.
_________(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.
Agent's Acknowledgment (initial)
_________(e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility
to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.
_____________________________
____________
Lessor's signature
Date
Lessee's signature
Agent's signature
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 5 of 7
XXIII. ATTORNEYS' FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party.
XXIV. MISCELLANEOUS.
A. Time is of the essence of the performance of each party's obligations under the Lease.
B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.
C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally.
D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida.
F. The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the Premises is located.
G. Landlord and Tenant will use good faith in performing their obligations under the Lease.
H. As required by law, Landlord makes the following disclosure: “RADON GAS.” Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.
XXV. TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX FOR THE FOLLOWING PROVISION TO APPLY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
The Lease has been executed by the parties on the dates indicated below.
________________________________________________
Landlord's Signature
Tenant's Signature
This form was completed with the assistance of:
Name of Individual:
Name of Business:
Address:
Telephone Number:
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 6 of 7
Early Termination Fee/Liquidated Damages Addendum
[] I agree, as provided in the rental agreement, to pay $ __________ (an amount that does not exceed two months’ rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
[] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.
______________________________________________
_________________________
Landlord’s Signature
Tenant’s Signature
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 7 of 7
RLAUC-1 Rev. 4/10 ©2010 Approved for use under rule 10-2.1(a) of The Rules Regulating the Florida Bar
Florida Residential Landlord and Tenant Act
PART II
RESIDENTIAL TENANCIES
83.40Short title.
83.41Application.
83.42Exclusions from application of part.
83.43Definitions.
83.44Obligation of good faith.
83.45Unconscionable rental agreement or provision.
83.46Rent; duration of tenancies.
83.47Prohibited provisions in rental agreements.
83.48Attorney's fees.
83.49Deposit money or advance rent; duty of landlord and tenant.
83.50Disclosure.
83.51Landlord's obligation to maintain premises.
83.52Tenant's obligation to maintain dwelling unit.
83.53Landlord's access to dwelling unit.
83.535 Flotation bedding system; restrictions on use.
83.54Enforcement of rights and duties; civil action.
83.55Right of action for damages.
83.56Termination of rental agreement.
83.57Termination of tenancy without specific term.
83.575 Termination of tenancy with specific duration.
83.58Remedies; tenant holding over.
83.59Right of action for possession.
83.595 Choice of remedies upon breach or early termination by tenant.
83.60Defenses to action for rent or possession; procedure.
83.61Disbursement of funds in registry of court; prompt final hearing.
83.62Restoration of possession to landlord.
83.625 Power to award possession and enter money judgment.
83.63Casualty damage.
83.64Retaliatory conduct.
83.67Prohibited practices.
83.681 Orders to enjoin violations of this part.
83.682 Termination of rental agreement by a servicemember.
83.40Short title. This part shall be known as the "Florida Residential Landlord and Tenant Act."
History.--s. 2, ch. 73-330.
83.41Application. This part applies to the rental of a dwelling unit.
History.--s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.
83.42 Exclusions from application of part. This part does not apply to:
(1)Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services.
(2)Occupancy under a contract of sale of a dwelling unit or the property of which it is a part.
(3)Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.
(4)Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5)Occupancy by an owner of a condominium unit.
Page 1 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a Duplex) Including a Mobile Home, Condominium, or Cooperative
83.43Definitions. As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
(1) "Building, housing, and health codes" means any law, ordinance, or governmental regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.
(2) "Dwelling unit" means:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.
(3) "Landlord" means the owner or lessor of a dwelling unit.
(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.
(5) "Premises" means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally.
(6) "Rent" means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
(7) "Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
(8) "Good faith" means honesty in fact in the conduct or transaction concerned.
(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.
(10) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.
(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally.
(12) "Security deposits" means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof.
(13) "Legal holiday" means holidays observed by the clerk of the court.
(14) "Servicemember" shall have the same meaning as provided in s. 250.01.
(15) "Active duty" shall have the same meaning as provided in s. 250.01.
(16) "State active duty" shall have the same meaning as provided in s. 250.01.
(17) "Early termination fee" means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement. An early termination fee does not include:
(a) Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.
(b) Charges for damages to the dwelling unit.
(c) Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.
History.--s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131.
83.44Obligation of good faith. Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement.
83.45 Unconscionable rental agreement or provision.
(1)If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.
(2)When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.
83.46 Rent; duration of tenancies.
(1)Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.
(2)If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods
Page 2 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a Duplex) Including a Mobile Home, Condominium, or Cooperative
When preparing to fill out the Florida Realtors Residential Lease form, it's vital to approach this task with attention to detail and accuracy to ensure that all parties understand their rights and responsibilities under the lease agreement. This document is not just a formality but a legally binding contract that will govern the tenancy and the relationship between the landlord and tenant. By following the steps outlined below, you can complete the form properly, ensuring that all necessary information is included, and that both the landlord and the tenant are protected.
Once the Florida Realtors Residential Lease form is completed and signed by both the landlord and tenant, it is crucial to make copies for each party to retain for their records. This ensures that all involved have access to the agreed terms and conditions, helping to prevent misunderstandings or disputes during the lease term.
What is the Florida Realtors Residential Lease form?
The Florida Realtors Residential Lease form is a standardized document designed for the leasing of apartments or units within multi-family rental housing, including mobile homes, condominiums, or cooperatives in Florida. It outlines terms, conditions, and responsibilities for both the landlord and the tenant. Its use helps ensure clear communication and understanding of the lease agreement between the parties involved.
Who needs to sign the Florida Realtors Residential Lease form?
Both the landlord (or the property owner) and the tenant must sign the Florida Realtors Residential Lease form. Additionally, if the landlord employs a licensee or agent to assist with the completion of the lease, their name should be inserted and signed in the specified sections of the disclosure provided in the form. This ensures both parties agree to the terms set forth in the lease.
What is the purpose of the licensee disclosure in the lease form?
The licensee disclosure serves to inform the landlord and tenant that the licensee (the person assisting with filling out the form) is not a lawyer and cannot provide legal advice, representation in court, or anything beyond typing out the factual information provided by the parties into the lease form. This clarification is essential to maintain transparency and legal boundaries.
How long should a copy of the Florida Realtors Residential Lease form be retained?
Both the licensee involved in assisting with the form and the landlord/owner and tenant are advised to retain a copy of the Florida Realtors Residential Lease form for at least 6 years. This retention period ensures that the parties have access to the lease agreement should any disputes or legal questions arise.
Can changes be made to the Florida Realtors Residential Lease form?
No changes or additions are allowed on the Florida Realtors Residential Lease form without consulting a lawyer. This stipulation ensures that all terms of the lease comply with current laws and regulations and protects all parties involved.
How are rent payments and charges handled according to the lease form?
Rent payments and any applicable taxes imposed on the rent by taxing authorities are to be paid by the tenant in the manner agreed upon in the lease. This includes details regarding the payment amount, due dates, and acceptable payment methods. Landlords are also allowed to appoint an agent to collect rent and perform other obligations specified in the lease.
What information is required regarding security deposits and advance rent?
The lease form specifies that any security deposit or advance rent paid by the tenant should be held in a separate account by the landlord for the benefit of the tenant, with specific provisions regarding interest payments. Furthermore, landlords must provide tenants with written notification about how these funds are being held, including the interest rate if applicable.
What are the guidelines for property maintenance?
Maintenance responsibilities are clearly divided between the landlord and the tenant within the lease form. Essential maintenance and repairs required to uphold safety and building codes are generally the landlord's responsibility, while the tenant is expected to keep the premises clean, sanitary, and in good repair.
Can the landlord access the premises?
Yes, the landlord or their agent has the right to enter the premises in certain circumstances, such as for emergency repairs, inspections, or maintenance, provided they give reasonable notice to the tenant, except in emergency situations or with the tenant's consent.
What happens if the premises are damaged or destroyed?
If the premises are damaged or destroyed by events other than the tenant's negligence or wrongful acts, to the extent that their use is substantially impaired, the tenant has the right to terminate the lease within 30 days after the damage occurs and vacate the premises, relieving them from further rent liability.
When individuals fill out the Florida Realtors Residential Lease form, common errors can lead to misunderstandings or legal disputes down the road. One of the first mistakes is not completely filling out the terms and parties section. It is crucial to clearly write the start and end dates of the lease along with the full names and contact information of the landlord and tenant. Neglecting to do so could result in confusion about the lease's duration and the identity of the contractual parties.
A common oversight is failing to specify the rent amount and due dates in the rent payments and charges section. The form requires stating not just the monthly rent, but also any applicable taxes and the total payment due at the lease's inception. By omitting this information, both parties may have differing expectations about the financial obligations, which could lead to disputes over rent payments.
Deposits and advance rent are areas where mistakes are often made. Tenants and landlords sometimes forget to indicate the correct amounts for security, pet, or advance rent deposits on the form. This oversight can lead to disagreements over the amount of funds owed upfront or the conditions under which deposits are refundable.
Another error involves not detailing who is responsible for utilities. The lease form allows for specifying which utilities are included in the rent and which are the tenant's responsibility. Failure to accurately complete this section can lead to disputes over utility payments and services.
Many people skip over the maintenance and repair responsibilities section. The lease outlines responsibilities for both landlords and tenants regarding the upkeep of the property. Not clarifying these responsibilities can result in confusion and disagreements over who is responsible for maintaining various aspects of the property.
Ignoring the rules and regulations about the use of premises is a common mistake. This section sets forth important restrictions on how the property can be used, including pet policies and requirements for guest stay durations. A lack of clarity here can lead to violations of the lease agreement.
Not properly addressing the section on landlord's access to the premises often leads to conflicts. The lease specifies conditions under which the landlord may enter the rented property. Without a clear agreement, this can result in disputes related to privacy and access rights.
Last but not least, a frequent error is not retaining a copy of the lease for personal records. Both the landlord and tenant should keep a copy of the fully executed lease agreement. Failure to do so can complicate resolving any future disagreements or misunderstandings about the terms of the lease.
When entering into a residential lease, particularly in the context of Florida real estate, it's crucial to understand that the Florida Realtors Residential Lease form is just the beginning. To ensure a comprehensive and secure lease agreement, several other forms and documents are often used in conjunction with this primary lease form. These documents each serve distinct purposes, from protecting the parties involved to ensuring compliance with local regulations.
Through the utilization of these various forms and documents, landlords and tenants can better manage their rental relationship, safeguarding their rights and responsibilities. It's always recommended to consult with legal counsel or a real estate professional when drafting or signing these documents, ensuring that all parties are adequately protected and that the agreements comply with applicable laws and regulations.
The Florida Realtors Residential Lease form shares similarities with the Standard Residential Lease Agreement. Both documents serve the primary purpose of outlining the terms and conditions under which a residential property is rented. They typically include sections on lease duration, monthly rent amount, security deposits, and rules regarding pets, smoking, and maintenance responsibilities. Each aims to protect the rights of both the landlord and tenant by setting clear expectations to minimize disputes. Notably, both agreements require disclosure of any condition that materially affects the health and safety of the tenant, in compliance with housing laws.
Comparable to the Florida Realtors Residential Lease form is the Month-to-Month Residential Rental Agreement. This variation also outlines the responsibilities of both the landlord and tenant but differs primarily in duration and termination notice requirements. While the Florida Realtors form is generally used for fixed-term leases (not to exceed one year), the month-to-month agreement allows either party to terminate the lease with a specified notice period, offering increased flexibility. Nonetheless, both documents include provisions on rent payments, security deposits, property maintenance, and use of premises, ensuring a comprehensive framework for the rental relationship.
The Sublease Agreement is another document with similarities to the Florida Realtors Residential Lease form, particularly in its structure and content. However, the sublease agreement is used when an original tenant wishes to rent out the leased premises to a subtenant. Despite this difference, both documents address similar points: property details, lease term, payment obligations, and conditions for terminating the lease. The main distinction lies in the sublease agreement requiring the original tenant to obtain consent from the landlord before subletting, emphasizing the need for adherence to the initial lease terms.
Lastly, the Commercial Lease Agreement shares some characteristics with the Florida Realtors Residential Lease form, although it's tailored for business properties instead of residential use. Both agreements establish a legally binding contract between the landlord and tenant, containing clauses on lease duration, payment terms, security deposits, and maintenance obligations. The primary difference revolves around the use of the leased property—commercial leases often include provisions on alterations for business operations, signage, and compliance with zoning laws, which are not commonly found in residential leases. Despite these differences, both serve to delineate rights and responsibilities, aiming to protect both parties involved.
When filling out the Florida Realtors Residential Lease form, understanding what actions to take and what to avoid is crucial for a smooth leasing process. Here is a guide on what you should and shouldn't do:
By following these guidelines, both landlords and tenants can ensure a clear, enforceable agreement that protects the interests of both parties.
There are several common misconceptions about the Florida Realtors Residential Lease form that both landlords and tenants often encounter. Understanding these misconceptions is important for anyone involved in the leasing process to ensure that rights and responsibilities under the lease are correctly interpreted and fulfilled.
Misconception #1: The form allows landlords to enter the property at any time without notice. The form stipulates that landlords or their agents may only enter the premises under specific circumstances, such as emergencies, repairs, or inspections, and generally require reasonable notice to the tenant.
Misconception #2: Tenants can withhold rent to enforce repairs. Although tenants may believe they can withhold rent to compel landlords to make necessary repairs, Florida law requires a specific process to be followed for rent withholding or to make repairs and deduct the cost from rent, which is not directly addressed within the residential lease form.
Misconception #3: The lease automatically renews. The lease term is specified, and there is no automatic renewal clause in the standard form. For the lease to continue beyond the original term, both parties must agree to a renewal.
Misconception #4: Pets are always allowed if a pet deposit is paid. While a section for a pet deposit is included, permission for pets also requires the landlord's approval, and specific pets can be denied even if a pet deposit is offered or paid.
Misconception #5: Security deposits can be used as the last month’s rent. Security deposits are intended to cover damages to the property beyond normal wear and tear, not to be used as the last month's rent unless specifically agreed upon by the landlord.
Misconception #6: Any addition or change to the premises by the tenant is allowed. The lease specifies that alterations or improvements require the landlord's written consent, ensuring that unauthorized changes cannot be made by the tenant.
Misconception #7: The form allows for eviction without a court process. Florida law requires a court process for evictions, and the lease does not allow landlords to evict tenants without following the proper legal procedures.
Misconception #8: The landlord is responsible for all maintenance. Maintenance responsibilities are divided between the landlord and tenant, with specific duties outlined in the lease agreement. Tenants are usually responsible for keeping the premises clean and sanitary and for minor repairs.
Misconception #9: The lease prohibits all guests. The lease allows for occasional overnight guests within specified limits and does not outright prohibit guests, contrary to what some may believe.
Misconception #10: The lease form is sufficient legal advice. While the lease form provides a comprehensive outline of the agreement between landlord and tenant, it does not substitute for legal advice from a qualified attorney, especially in complex situations or disputes.
It's essential for both landlords and tenants to read and fully understand the terms of the Florida Realtors Residential Lease form to prevent any misinterpretations and ensure a fair and legally compliant relationship.
When using the Florida Realtors Residential Lease form, it’s crucial to understand its components to ensure a smooth leasing process. Here are five key takeaways to guide you:
Thoroughly reviewing and understanding these key aspects of the Florida Realtors Residential Lease form can significantly contribute to a transparent and effective leasing arrangement, safeguarding the interests of both landlords and tenants.
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