Are you looking for details about the Florida rental lease agreement? Do you want to know what the laws for Florida rental lease agreement are? Are you looking for things that are must to disclose in a Florida rental agreement? Keep reading to know.
You can get a template for the Florida rental lease agreement and many others on CocoSign. CocoSign provides a number of templates that you can explore from their website.
What Is a Florida Lease Agreement?
A Florida lease agreement is a legal contract that is binding between two parties, a landlord and a tenant. It can also be between a property management company and a tenant. This is signed when the concerned parties agree for the tenant to use certain property for a certain time.
This can be a residential property or a commercial property. The agreement signed between the parties comprises the terms and conditions applied while renting a property. This is done in exchange for the money and remains valid for a set duration. After which the agreement may be renewed.
The Florida rental agreement is a practical document. It consists of crucial details of both the tenant and the landlord including the business details, the disclosure requirements, and the period for which the agreement is going to be valid.
The Florida rental agreement has a monthly basis. This agreement can be renewed every month or after certain months. This remains valid until one of the parties terminate it. The Florida lease agreement ranges from a specific start date to termination date.
After the termination date, a new agreement is to be signed between the two. Generally, the time period for the lease agreement is one year. In Florida lease agreement can be signed for a period of a week, month, quarter, and year.
Florida Landlord and Tenant Laws
There are certain laws that are must for the tenants and the landlords to follow if they wish to sign a Florida lease agreement. These include:
Written and Unwritten leases
Florida law allows for both written and unwritten leases for a period of a week, month, quarter, or year. However, it remains favorable to opt for a written lease.
Under Florida law, a landlord must return the security deposit once a tenant moves out within 15 days. In case there are due deductions, the landlord must provide a list of these deductions. The law for security deposit also applies to the amount that a tenant must pay as a security fee.
Under the Florida law, it is abiding on the tenant to pay the due rent on time. If a tenant does not pay rent, then the landlord has the right to ask for eviction.
Fair Housing Act
The Florida lease law includes that the landlord cannot ask the tenant certain questions while lending the property. These questions include those related to the personal life of the tenant which can lead to discrimination.
The tenant has the right to withhold rent if the landlord does not get the required maintenance done. This includes fixing problems with the property like mold growth, or malfunctioning heating system, etc. However, the tenant must give a 7-day notice before withholding the rent.
Rental Property Condition
The Florida Law requires the landlord to maintain a good condition of their property, one that is livable and up to the standards of the law authorities. This includes pest control, air conditioning, and many more.
It is mandatory for the landlord to seek the tenant’s permission before entering the property that they have rented. If there is a need for repair or maintenance, the landlord must give the tenant a 12 hours’ notice.
Rent Increase Laws
Unlike other real estate markets, Florida law doesn’t restrict the increase in rent. It is the choice of the landlord, however, this increase must not come from discrimination or any sort of grudge. Typically, the rent increase is not implemented on a yearly lease.
Breaking a Lease Agreement
A tenant can break the lease agreement due to specified reasons like the military. However, there is a fee for breaking the lease agreement, which cannot be more than twice the monthly rent.
Eviction of Tenant
A landlord is allowed to file for eviction if a tenant doesn’t abide by the lease terms. This includes nonpayment of rent, property damage, and unauthorized personals to enter the landlord’s property.
Florida Lease Disclosures and Addendums
Florida law requires the following disclosures and addendums to be included in the rental lease agreement.
Landlord’s name and address
This disclosure is applicable to all rental units located in Florida. This is important so that tenants can deliver future demands and notices to the correct address.
Dangers of Radon gas
This applies to all rental units of Florida. Some units in Florida have been declared to have an unhealthy and toxic amount of Radon gas. Therefore, it is a must for landlords to disclose it to a tenant before renting the property.
Security deposit holdings
This applies to those rental units that have 5 or more separate units. A landlord is required to disclose how the security deposit money will be kept, and what are other terms and conditions associated with the deposit amount.
This applies to buildings built before 1978. The landlord must disclose the health hazards caused due to the lead-based paints used in the building.
Optional Disclosures and Addendums
The following disclosures and addendums are not necessarily under Florida law but they are important to consider.
- Marijuana use: The landlord can state whether the use of marijuana is allowed or not in the building.
- Move-in checklist: The landlord can provide a list of damages that already exist in the property before the tenant moves in.
- Late and returned check fee: It is a suggestion that the landlords disclose clearly the late fee or bounced check fee that they will charge the tenants. Although Florida law doesn’t have any limitations on this late fee, it should be reasonable, which is not more than 10% of the rent.
- Shared utilities: The landlord can disclose how utilities are to be shared and how the bill will be calculated for each party.
- Bed bug disclosure: This applies to units that have dealt with an infestation in the past. The landlord shall disclose the current status of the property and ways to handle the infestation in the future.
- Asbestos disclosure: For buildings built before 1981, the landlord can disclose if the unit risks asbestos or not.
- Mold disclosure: The landlord shall disclose the risk of mold and the current status of the building.
You have read about the Florida rental lease agreement and its laws. You can get a Florida lease agreement template from Cocosign. Cocosign provides a collection of templates for you to pick from.
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