Florida Residential Lease

Easily create a residential fixed-term lease or a month-to-month rental agreement that is tailored to Florida law. This easy-to-use legal form comes with detailed clause-by-clause instructions, so all you have to do is fill in the blanks. You’ll specify who can live on the property, the amount of rent and how it's to be paid, and the security deposit and how it will be used and returned. Your rental document explains your rights to enter the rental and the tenant's and landlord's upkeep responsibilities. Includes a link to an additional form, the Early Termination/Liquidated Damages Agreement, should you choose to use it.

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lease

Residential Lease

month-to-month

Residential Month-to-Month Rental Agreement

Identification of Landlord and Tenant

This Agreement is between  ("Tenant") and  ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. 

Identification of Premises and Occupants

Subject to the terms and conditions set forth in this Agreement, Landlord rents to Tenant, for residential purposes only, the premises located at , Florida ("Premises"). The Premises will be occupied by the Tenant and the following minor children: . Rental of the Premises also includes .

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spaces or items are excluded

Rental of the Premises excludes: .

Limits on Use and Occupancy

The Premises are to be used only as a private residence for Tenant and any minors listed in Clause 2 of this Agreement, and for no other purpose without Landlord's prior written consent. Occupancy by guests for more than ten days in any six-month period is prohibited without Landlord's written consent and will be considered a breach of this Agreement. 

Term of the Tenancy

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lease

The term of the rental will begin on , and will expire on .

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moving out/renewing notice Tenant must give Landlord days' notice in advance of , to signal Tenant's intent to move out. In the event that Landlord will not renew this Agreement, Landlord will give Tenant  in advance of .
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early termination/liquidated damages  Landlord has offered, and Tenant has accepted, an Early Termination/Liquidated Damages agreement, which is attached to this lease.
 
month-to-month

The rental will begin on  and continue on a month-to-month basis.  Landlord may terminate the tenancy or modify the terms of this Agreement by giving Tenant  days' written notice before the next rent payment is due. Tenant may terminate the tenancy by giving Landlord  days' written notice before the next rent payment is due.

Amount and Schedule for the Payment of Rent

Tenant will pay to Landlord a monthly rent of $, payable in advance on the  day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid to .

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Rent by mail or in person accepted

Rent will be paid at , or at such other place as Landlord will designate from time to time.

Landlord will accept rent in the form of:

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cash cash
personal check personal check
certified funds or money order certified funds or money order
credit or debit card credit or debit card
electronic funds transfer

electronic funds transfer:

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Rent personally accepted

Rent is accepted during the following days and hours: .

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prorate partial first month's rent

On signing this Agreement, Tenant will pay to Landlord for the period of  through  the sum of $ as rent, payable in advance of the start of the tenancy.

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require first full month's rent

Upon move-in, Tenant will owe as rent the prorated rent specified above, plus one full month's rent, for a total of $.

Late Charges

Because Landlord and Tenant agree that actual damages for late rent payments are very difficult or impossible to determine, Landlord and Tenant agree to the following stated late charge as liquidated damages. 

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grace days Tenant will pay Landlord a late charge if Tenant fails to pay the rent in full within  days after the date it is due.
no grace days Tenant will pay Landlord a late charge if Tenant fails to pay the rent on the day it is due.

The late charge will be $, plus $ for each additional day that the rent continues to be unpaid. The total late charge for any one month will not exceed $. Landlord does not waive the right to insist on payment of the rent in full on the date it is due.

Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason,  Landlord will impose a returned check charge as permitted by law: For checks in excess of $300, Landlord may impose a fee of  $40 or up to 5% of the face amount of the check, whichever is greater, which will be due within thirty days of Landlord's written demand. (Fla. Stat. Ann. § 68.065.)

Security Deposit

On signing this Agreement, Tenant will pay to Landlord the sum of $ as a security deposit (or advance rent). Tenant may not, without Landlord's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement. Landlord will return the deposit within 15 days after Tenant has vacated the Premises if Landlord does not intend to deduct any sums from the deposit. If Landlord intends to deduct from the deposit, Landlord will send Tenant a written itemization of intended deductions within 30 days of Tenant's vacating the premises; and will send an itemized accounting, with the deposit balance, if any, within 30 days of the date of the notice of intended deductions.

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deposit details
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institution The deposit or advance rent will be held at , located at .
bond Landlord has posted a surety bond as required by law.
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deposit interest

Landlord will pay interest on Tenant's security deposit.

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interest details

no deposit interest Landlord will not pay interest on Tenant's deposit.

As required by law, this rental agreement includes the following notice:

YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.

IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.

YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.

THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

Utilities

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Tenant pays all utilities Tenant will pay for all utilities.
Landlord pays certain utilities Tenant will pay utility charges except for the following, which will be paid by Landlord: .

Assignment and Subletting

Tenant will not sublet any part of the Premises or assign this Agreement without the prior written consent of Landlord. Violating this clause is grounds for terminating the tenancy.

Tenant's Maintenance Responsibilities

Tenant will: (1) keep the Premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the Premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the Premises of which Tenant becomes aware; and (3) reimburse Landlord, on demand by Landlord, for the cost to repair damage to the Premises caused by Tenant or Tenant's guests or business invitees through misuse or neglect.

Tenant has examined the Premises, including appliances, fixtures, carpets, drapes, and paint, and have found them to be in good, safe, and clean condition and repair.

Repairs and Alterations by Tenant

Except as provided by law, or as authorized by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the Premises, including putting nails in the wall or painting the rental unit.

Violating Laws and Causing Disturbances

Tenant is entitled to quiet enjoyment of the Premises. Tenant and guests or invitees will not use the Premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (2) severely damage the property (commit waste); or (3) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident.

Pets

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no pets No animal may be kept on the Premises, even temporarily, other than service or comfort  animals needed by a tenant or guest who is legally disabled.
pets okay No animal may be kept on the Premises, even temporarily, other than service or comfort  animals needed by a tenant or guest who is legally disabled, except the following: .

Landlord's Right to Access

Landlord or Landlord's agents may enter the Premises in order to inspect the Premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. Landlord will give Tenant at least 12 hours notice of the intended entry, and will enter at a reasonable time, between the hours of 7:30 a.m. and 8:00 p.m.

Landlord may enter at any time with Tenant's consent, in case of an emergency, or when Tenant is absent from the Premises for a period of time equal to one-half the time for periodic rent payments (except when the rent is current or Tenant has notified Landlord of his intended absence).

Tenant will not unreasonably withhold his consent to Landlord to enter, nor will Landlord abuse the right of access or use it to harass Tenant.

Extended Absences by Tenant

Tenant will notify Landlord in advance if Tenant will be away from the Premises for  or more days. During such absence, Landlord may enter the Premises at times reasonably necessary to maintain the property and inspect for needed repairs.

Possession of the Premises

Tenant's failure to take possession. If, after signing this Agreement, Tenant fails to take possession of the Premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement.

Landlord's failure to deliver possession. If Landlord is unable to deliver possession of the Premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the Premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.

Payment of Court Costs and Attorney Fees in a Lawsuit

In any civil action or legal proceeding to enforce any part of this Agreement or any provision of Fla. Stat. Ann., Title VI, Chapter 83, Part II, the prevailing party may recover reasonable court costs and attorney fees.  

Lead-Based Paint and/or Lead Based Paint Hazards

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Post-1978 construction The premises are exempt from federal lead-based paint and paint hazards disclosure requirements.
Pre-1978 construction
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property is not exempt Tenant has received the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, and the booklet, Protect Your Family From Lead in Your Home.
property is exempt The premises are exempt from federal lead-based paint and paint hazards disclosure requirements.

Radon Disclosure

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.


 Authority to Receive Legal Papers

The following person or persons are authorized to accept service of process and receive other notices and demands:

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Manager

The manager, , at ; phone: ; email: .

Landlord

The Landlord, , at ; phone: ; email: .

Other

 at ; phone: ; email: .

Validity of Each Part

If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement.

Grounds for Termination of Tenancy

The failure of Tenant or Tenant's guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant's rental application, is grounds for termination of the tenancy, with appropriate notice to the Tenant and procedures as required by law.

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The lease includes additional provisions

Additional Provisions

Additional provisions are as follows:

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rules and regulations

Landlord's Rules & Regulations

Tenant acknowledges receipt of, and has read a copy of, Landlord's rules and regulations, which are attached to and incorporated into this Agreement by reference. Tenant understands that serious or repeated violations of the rules may be grounds for termination.

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landlord will accept a cosigner 

Cosigner Agreement

Cosigner agrees to be jointly and severally liable with Tenant for Tenant's obligations arising out of this lease, including but not limited to unpaid rent, property damage, and cleaning and repair costs. Cosigner further agrees that Landlord will have no obligation to give notice to Cosigner should Tenant fail to abide by the terms of the rental agreement. Landlord may demand that Cosigner perform as promised under this Agreement without first using Tenant's security deposit.


Keep Together

Entire Agreement, Modifications in Writing

This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant. 

Signature: ____________________________________________         Date: _______________


 
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one

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________    

two

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

three

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________
four

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant Signature: _________________________________________         Date: ___________
Current address: ______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

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Landlord will accept a cosigner
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one Cosigner's printed name: ____________________________________        

Signature: ____________________________________________         Date: ____________
Current address: ___________________________________________________________
Email: __________________________________________    Phone: (_____)___________

two

Cosigner's printed name: ____________________________________        

Signature: ____________________________________________         Date: ____________
Current address: ___________________________________________________________
Email: __________________________________________    Phone: (_____)___________

Cosigner's printed name: ____________________________________       

Signature: ____________________________________________         Date: ____________
Current address: ___________________________________________________________
Email: __________________________________________    Phone: (_____)___________

 

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