Rental Agreement Template for Florida

RESIDENTIAL LEASE AGREEMENT

Document Control: RAD-FL-2024.1 | Effective Date: [Effective Date]
Jurisdiction: State of Florida (Chapter 83, Florida Statutes)

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1. LEGAL NOTICE & COMPLIANCE DISCLAIMER

This Residential Lease Agreement is drafted to comply with Florida law, including Chapter 83 of the Florida Statutes (Residential Tenancies). This document is a legal contract. Modification of this template without legal counsel may result in unintended legal liabilities or unenforceability under Florida law. Both Landlord and Tenant acknowledge they have been advised to seek independent legal counsel prior to execution.

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2. PARTIES & PREMISES

This Residential Lease Agreement (the "Agreement") is entered into on [Date], by and between:

• Landlord: [Full Legal Name of Landlord/Entity], with a primary address of [Landlord Address] ("Landlord"), and
• Tenant(s): [Full Legal Name(s) of Tenant(s)] ("Tenant").

The Premises: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the real property located at:
[Street Address, Unit #, City, State, ZIP Code] ("Premises"), together with the following personal property, if any: [List Appliances/Furnishings or "None"].

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3. TERM

The term of this Agreement shall commence on [Lease Start Date] (the "Commencement Date") and shall expire on [Lease End Date] at 11:59 PM (the "Expiration Date"), unless renewed or terminated earlier in accordance with the provisions hereof.

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4. RENT & FINANCIAL OBLIGATIONS

1. Base Rent: Tenant agrees to pay to Landlord as base rent the sum of [Monthly Rent Amount] USD per month, due and payable in advance on the first (1st) day of each calendar month (the "Due Date").
2. Payment Method: Rent shall be paid via [Specify Payment Method, e.g., Electronic Transfer / ACH / Portal / Check] to [Payment Designation/Account Details]. Cash is strictly prohibited.
3. Late Fees: If rent is not received by Landlord by the [Day of Month, e.g., 5th] day of the month, Tenant shall pay a late charge of [Late Fee Amount, e.g., $50.00] or [Percentage]% of the overdue rent, which constitutes liquidated damages for administrative costs.
4. Returned Checks: Any payment returned for insufficient funds (NSF) shall incur a fee of [NSF Fee Amount, e.g., $35.00] plus applicable bank charges, and shall constitute a late payment under this Agreement.
5. Prerogative to Apply Funds: Landlord reserves the right to apply any payment received from Tenant to any outstanding balance (including late fees, utility charges, or damages) prior to applying such funds to current rent.

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5. SECURITY DEPOSIT & ADVANCE RENT

1. Amount: Upon execution of this Agreement, Tenant shall deposit with Landlord the sum of [Total Security Deposit Amount] USD as a security deposit, and [Advance Rent Amount, if applicable] USD as advance rent for the final month of the term.
2. Statutory Notice (Florida Statutes § 83.49):

   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.

3. Depository Institution: The security deposit shall be held in a [Select: Non-Interest-Bearing / Interest-Bearing] account at [Name of Florida Bank / Financial Institution], located at [Bank Address]. If interest-bearing, Tenant shall be entitled to receive interest pursuant to Florida law.

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6. USE OF PREMISES & OCCUPANCY

1. Permitted Use: The Premises shall be used and occupied solely as a private residential dwelling by Tenant and the following authorized occupants only: [List Names of Other Occupants/Minors].
2. Restrictions: Tenant shall not use the Premises for any commercial, illegal, or hazardous purpose. Subletting or assignment of this Agreement, in whole or in part, without the prior written consent of Landlord is strictly prohibited and shall be void.
3. Guests: Visitors may stay on the Premises for a maximum of [Number] consecutive days and no more than [Number] total days in any calendar year without Landlord's prior written consent.

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7. MAINTENANCE, REPAIRS, & UTILITIES

1. Tenant Obligations: Tenant shall maintain the Premises in a clean, safe, and sanitary condition. Tenant shall promptly notify Landlord of any damage, defect, or need for major repair. Tenant shall be responsible for repair costs caused by the negligence or willful misconduct of Tenant, family members, or guests.
2. Landlord Obligations: Landlord shall comply with all applicable building, housing, and health codes, and shall maintain the structural components, plumbing, heating, and electrical systems in reasonable working order.
3. Utilities: Tenant shall be responsible for arranging and paying for all utilities and services related to the Premises, except for [List Landlord-Paid Utilities, e.g., Trash / Water / "None"], which shall be paid by Landlord.
4. Lawn Care / Pest Control: [Specify responsibility, e.g., Tenant shall maintain the lawn and exterior grounds / Landlord shall provide professional pest control].

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8. DEFAULT & REMEDIES

1. Default by Tenant: Tenant shall be in default under this Agreement if Tenant fails to pay rent when due, violates any material term or covenant of this Agreement, or violates applicable Florida law regarding tenant obligations.
2. Statutory Notices: In the event of non-payment of rent, Landlord shall provide a statutory 3-day notice to pay rent or quit pursuant to Fla. Stat. § 83.56(3). For non-compliance other than non-payment, Landlord shall provide a 7-day notice to cure or quit pursuant to Fla. Stat. § 83.56(2).
3. Remedies: Upon an uncured default by Tenant, Landlord may pursue any and all remedies available under Florida law, including termination of this Agreement, eviction proceedings, and recovery of all actual damages, court costs, and reasonable attorney's fees.

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9. ADDITIONAL PROVISIONS

1. Right of Entry: Landlord or Landlord’s agents may enter the Premises upon at least twenty-four (24) hours' notice to inspect, make necessary repairs, or exhibit the Premises to prospective purchasers or tenants. In cases of emergency, Landlord may enter without notice.
2. Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Venue for any legal action shall lie in the county where the Premises are located.
3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall remain in full force and effect.
4. Entire Agreement: This Agreement constitutes the entire understanding between Landlord and Tenant and supersedes all prior oral or written agreements. No modification hereof shall be binding unless executed in writing by both parties.

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10. EXECUTION & SIGNATURE BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Residential Lease Agreement as of the Effective Date written above.

LANDLORD:

Signature: __________________________________
Printed Name: [Landlord Full Name / Authorized Agent]
Title: [Title, e.g., Owner / Managing Agent]
Date: [Date]

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TENANT(S):

Signature: __________________________________
Printed Name: [Tenant 1 Full Name]
Date: [Date]

Signature: __________________________________
Printed Name: [Tenant 2 Full Name]
Date: [Date]

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STEP-BY-STEP EXECUTION GUIDE

1. Review and Complete: Fill in all bracketed placeholders ([...]) with accurate factual data. Ensure compliance with local municipal ordinances in Florida (e.g., Miami-Dade, Orange County) which may impose additional disclosure requirements.
2. Execute Disclosures: Ensure all mandatory Florida statutory disclosures (such as the Radon Gas Notice, Lead-Based Paint Disclosure for homes built prior to 1978, and Mold Disclosure) are executed alongside this Agreement.
3. Fund Collection: Collect the Security Deposit and Advance Rent via verifiable funds (certified check, cashier's check, or electronic clearing house) prior to handing over keys or allowing occupancy. Deposit funds into the designated Florida financial institution within the statutory timeframe.
4. Retain Records: Both parties should retain a fully executed copy of this Agreement and all associated addenda for the duration of the tenancy plus at least five (5) years thereafter for legal and tax compliance.