As in many cases, an agreement entails several terms and conditions that the parties involved have to uphold to honor the agreement. Failure to uphold the terms and conditions detailed in this agreement may lead to the agreement being terminated.
What is a Florida Lease Agreement
A Florida lease agreement is a written agreement between a landlord and tenant for the renting of commercial or residential property. The agreement is made after the landlord accepts a rental application by the tenant that details their personal information and gives their go-ahead to run a credit report (check the Florida rental application here).
What You Need to Know about Florida Lease Agreement
You must include a security deposit receipt and a very specific statement under Florida law. Although there is no limit on the amount a landlord may request for a security deposit, the landlord must inform the tenant within 30 days of where the money is held and whether the account it rests in is interest or non-interest bearing. Deductions may be made from the security deposit. Any remainder, if deductions are made, must be returned to the tenant within 30 days of vacating the premises. If there are no deductions from the security deposit, it must be returned within 15 days.
Which Disclosures Belong in a Florida Lease Agreement
Under Florida law, a Florida lease agreement must include certain disclosures to tenants.
These disclosures include:
Name and Address of the Owner or Agent
Every landlord in Florida, or agent, must disclose the name and the address where he or she will receive demands and notices. The landlord should do this in writing and provide it to the tenant either at or before the start of the tenancy.
Security Deposit
Every landlord in Florida must disclose whether he or she will hold the security deposit in an interest- or non-interest-bearing account within 30 days of receiving it. He or she must also disclose the name of the account depository as well as provide the time and the rate of interest payments. Landlords who collect deposits must include a copy of Florida Statutes § 83.49 (3) in the lease agreement.
Fire Protection
Every landlord in Florida must notify new tenants of the available fire protection in buildings that are higher than three stories.
Radon Gas Disclosure
Every landlord in Florida must include a specifically worded warning in all of his or her leases.
Landlord Right to Access the Rental Unit
There is specific information about the landlord’s right to access the rental unit. Under Florida state law, the landlord must provide at least 12 hours of notice before they enter the tenant's property. Certain hours must be abided by. There are also certain exceptions where the landlord can enter without the 12-hour notice.
How to Write a Florida Lease and Rental Agreement
A Florida lease agreement lists the parties involved. The agreement outlines their responsibilities as well as the terms and conditions. All the parties should read and understand the terms and conditions of the agreement before getting into the contract. The agreement goes into effect on appending signatures by all the parties.
A Florida lease agreement should have the date of the agreement at the top of the page. It must also include the name and address of the landlord and the full name of the tenants who will sign the agreement. You must list the county that the property is located as well as the physical address.
The lease agreement should include the term of the lease. In case the landlord and the tenant want to extend the lease past the date it expires, this is discussed in a section of the lease agreement titled "Tenant's Hold Over." The section must include the amount the rent will be if the lease continues past the original date.
A Florida lease agreement should include a section titled "Rent." It should outline the amount of the rent, the accepted payment methods, and when the rent is due. It should also list when the rent is considered past due. The section should include the address where the rent should be taken or mailed. If that location is a business, make sure to include the name of the business.
Next, you'll include a section titled "Security Deposit." You'll list the amount of security deposit required for the property. This section should also include the name of the bank where the security deposit is held.
The Florida lease agreement must include a section titled "In Use of Premises" that lists the names of the tenants who will live in the residential unit or who will use the commercial facility (check the Florida commercial lease agreement). Remember that in residential rentals, tenants under 18 years old should still be listed although they will not sign the agreement.
Under "Animals," the landlord or property management company will outline any rules or restrictions. The most commonly used items for this section are how many pets are allowed, if there is a weight restriction, or if certain types of pets won't be allowed. The amount of the pet deposit required should also be listed.
The Florida lease agreement needs a "Late Charge" section that explains the monetary penalty the tenant will pay if their rent is more than three days past due. Again, make sure that you've explained the amount of the rent, accepted payment methods, due date, and where the payment may be made.
The next section should be called "Notice." This area provides the name and address of both parties (including the city, state, and zip) so that, if necessary, official notices may be delivered.
If the parties have agreed to anything additional, it may be listed under a section called "Additional Provisions: Disclosures."
Finally, a Florida lease agreement should be signed and dated by the parties involved.
Drafting a lease agreement can be nerve-wracking, but with cutting-edge online PDF editors like CocoDoc, you can download a lease agreement template and edit or sign it from anywhere.
Conclusion
The Florida Lease Agreement follows a specific format and therefore one needs to know of the mandatory requirements when preparing a lease agreement for their property.
