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Lease agreements are legally binding documents that define the responsibilities of the landlord and tenant. It includes important information that tenants need to know when before into a rental property, including details about the security deposit and present health risks that they could be exposed to.

Suppose you are a new Florida landlord and have never drawn up a lease agreement for a commercial or residential property in Florida. In that case, we'll give you all the information you need to ensure that your rental contract follows federal and state guidelines.

Florida Leases

The Florida rental lease agreement is a legal contract used when two parties trade rights to utilize a rental property or unit. Both the landlord and the tenant must agree on the essential conditions of the contract, such as the rental price, security deposit, and lease period.

Certain clauses might be included in the agreement to modify the agreement to meet the demands of both parties. After the document has been drafted, the tenant should properly examine it before signing it.

Types of Leases

There are a number of different lease agreements that you can use in Florida. We'll take a brief look at some of them in the section below.

1. Standard Residential Lease Agreement

This basic agreement includes all the fundamentals that landlords and tenants need to take note of. It will also include the lease term.

2. Florida Sublease Agreement

Sometimes tenants may want to lease the property to someone else. If the landlord approves, all the parties involved will have to sign a sublease agreement.

3. Monthly Agreements

These contracts are similar in structure to standard lease agreements. However, they differ according to the lease period. Monthly agreements are often used before renewing a rental contract.

4. Florida Commercial Lease Agreement

Commercial lease agreements are contracts signed between a landlord or property owner and the tenant, which in this case is a business owner renting a commercial space.

What to Include

In order for a rental agreement to be considered complete, it must include certain important information. Here's what you'll need to include in your residential rental agreements:

  • The names, contact details, and addresses of all parties involved
  • Rental price as well as when the tenant will have to pay rent every month
  • Information about the security deposit and how it will be maintained and returned
  • Disclosures
  • Warranty of habitability and repairs - landlords are required by law to ensure that the property is habitable and that all repairs are conducted in a reasonable time frame
  • The conditions for evictions and termination of the agreement

You can download free Florida rental agreements from eForm. We've listed links to the documents below. Simply click on the link to begin the download.

Disclosures

Here are some of the things you are required to disclose in your rental agreement:

Lead-based Paint Disclosure

All properties built before 1978 may contain hazardous lead-based paint, and landlords must disclose this information before the lease signing. You will have to include the following elements in your lease agreement:

Security Deposit

This must be included in Florida lease agreements if the landlord owns five or more rental units. If a landlord demands that a security deposit be paid, he or she must offer a written notice of how the money will be handled while the tenant is occupying the rental unit.

The landlord will also have to provide general information about how security deposits work in Florida.

According to state law, there is no maximum amount that can be charged and deposits must be returned within 15 days after a tenant vacated the unit. The following information must be included concerning security deposits:

  • Information about the depository where the money will be held
  • Whether the tenant will receive interest accrued on the deposit
  • Legislation concerning the security deposit

Radon Gas Disclosure

Radon is a naturally occurring radioactive gas that, after adequate amounts have accumulated in a house, can represent a health danger to those who have been exposed to it for a long time.

Properties in Florida have radon levels that surpass state and federal restrictions. The county health department can provide more data on radon gas and radon gas testing.

A broad statement concerning the risks associated with exposure to high amounts of radon gas is necessary for all rental contracts

Build Your Own

If these generic forms don't give you the freedom to include all the details you want in your Florida residential lease agreement, you can create your own.

One way to do this is to use the eForms agreement generation tool. Simply enter the information you need to include and build your own agreement!

Suppose you need more control over your agreement. In that case, you can use DoorLoop's rental contract creation tool designed to make the process much easier.

DoorLoop is a property management software solution designed specifically for landlords and owners of rental businesses. You can use the tool to customize your lease contract with professional lease templates that you can customize to suit your needs and preferences.

Plus, you can save lots of time because the software has an autofill feature, so you won't have to waste time finding and entering your information!

To get a closer look at DoorLoop, schedule a free demo.

Final Thoughts

Creating detailed lease agreements is all part of the job when running a rental business, so if it's your first time drawing one up, it is a good idea to use a software solution like DoorLoop to streamline the process!

FAQs

Do I Have to Have an Attorney Draw Up My Rental Lease Agreements?

No, you do not need an attorney when drawing up a rental contract. However, if there is a breach of the contract, you can engage an attorney to help you fight for your rights as a landlord. Keep in mind that there are attorney fees payable if you choose to go this route.

What Makes Lease Contracts Legally Binding?

The truth is that rental contracts are not considered legal documents until they are signed by both the lessor and the lessee (landlord and tenant).

Does a Florida Lease Signing Require Witnesses?

Witness signatures are no longer required for residential and business leases as of July 1, 2020. Previously, witnesses had to be present for a lease signing of an agreement with a lease term of one year or more.However, the modified Florida Statutes Section 689.01 eliminates the need for a landlord's signature to be verified by two witnesses.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!