Article Structure
The Florida Realtors Residential Lease form serves as a crucial document for both landlords and tenants, establishing the terms and conditions of rental agreements for residential properties. This form is designed for use in multi-family rental housing, including apartments, condominiums, and mobile homes, and is applicable for lease terms not exceeding one year. Key components of the form include the identification of the parties involved, the specific property being rented, and the agreed-upon rental payments and charges. It outlines the responsibilities of both landlords and tenants regarding maintenance, utilities, and the use of premises, ensuring clarity and legal compliance. Additionally, it provides essential disclosures about the role of the licensee assisting with the lease, emphasizing the importance of understanding legal obligations. Tenants must also be aware of their rights, especially if they are active members of the armed forces, as specific provisions allow for lease termination under certain conditions. The form mandates that both parties retain copies for their records, reinforcing the need for accountability and transparency throughout the rental process.
Form Sample
Residential Lease for Apartment or Unit in Multi-Family Rental
Housing (other than a Duplex) Including a Mobile Home,
Condominium, or Cooperative
INSTRUCTIONS:
1. Licensee: Give this disclosure to the Landlord prior to your assisting with the completion of the attached Lease.
2. Licensee: As the person assisting with the completion of the attached form, insert your name in the first (5) blank “Name”
spaces below.
3. Licensee: SIGN the disclosure below.
4. Landlord/Owner and Tenant: Check the applicable provision regarding English contained in the disclosure and SIGN below.
5. Licensee: Retain a copy for your files for at least 6 years. Landlord/Owner and Tenant: Retain a copy for your files. This
disclosure does not act as or constitute a waiver, disclaimer or limitation of liability.
THIS FORM WAS COMPLETED WITH THE ASSISTANCE OF:
________________________________________________________
Licensee Name
_______________________________________________________
Name of Brokerage/Business
________________________________________________________
Address
_______________________________________________________
Phone Number
DISCLOSURE:
________________________________________________________________ told me that he/she is a nonlawyer and may not give
(Name)
legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court.
Rule 10-2.1(b) of the Rules Regulating the Florida Bar defines a paralegal as a person who works under the supervision of a member of
the Florida Bar and who performs specifically delegated substantive legal work for which a member of the Florida Bar is responsible.
Only persons who meet the definition may call themselves paralegals.
________________________________________________________________ informed me that he/she is not a paralegal as defined
(Name)
by the rule and cannot call himself/herself a paralegal.
________________________________________________________________ told me that he/she may only help me type the factual
(Name)
information provided by me in writing into the blanks on the form.
________________________________________________________________ may not help me fill in the form and may not complete
(Name)
the form for me.
If using a form approved by the Supreme Court of Florida, _____________________________________________________ may
(Name)
ask me factual questions to fill in the blanks on the form and may also tell me how to file the form.
Landlord/Owner: Tenant:
_______ I can read English. ______ I can read English.
_______ I cannot read English but this notice was read to me by ______ I cannot read English but this notice was read to me by
____________________________________________ in _________________________________ which I understand.
(Name) (Language)
_____________________________________
(Licensee Signature)
_____________________________________
(Landlord Signature)
______________________________________
(Tenant Signature)
This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark
that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics.
The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms.
RLAUCC-1 Rev. 4/10 © 2010 Florida Realtors® All Rights Reserved
Residential Lease for Apartment or Unit in Multi-Family Rental
Housing (other than a Duplex) Including a Mobile Home,
Condominium, or Cooperative
________________________________________________________________________________
(FOR A TERM NOT TO EXCEED ONE YEAR)
(Not To Be Used For Commercial, Agricultural, or Other Residential Property)
WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE IMPOSES IMPORTANT LEGAL
OBLIGATIONS.
AN ASTERISK (*) OR A BLANK SPACE (__________) INDICATES A PROVISION WHERE A CHOICE OR A DECISION MUST BE MADE
BY THE PARTIES.
NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED.
1. TERMS AND PARTIES. This is a lease ("the Lease") for a period of __________ months (the "Lease Term"), beginning
(number)
____________________________________________and ending ____________________________________________,between
(month, day, year) (month, day, year)
________________________________________________________ and _______________________________________________
(name of owner of the property) (name(s) of person(s) to whom the property is leased)
(In the Lease, the owner, whether one or more, of the property is called "Landlord." All persons to whom the property is leased are
called "Tenant.")
Landlord's E-mail Address: _____________________________________
Landlord's Telephone Number: _____________________________________
Tenant's E-mail Address: _____________________________________
Tenant's Telephone Number: _____________________________________
II. PROPERTY RENTED. Landlord leases to Tenant apartment or unit no. ___________ in the building located at
_____________________________________________________________________________________________ known as
(street address)
______________________________________________________________________, ___________________________________,
(name of apartment or condominium) (city)
Florida ________________, together with the following furniture and appliances:
(zip code)
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
[List all furniture and appliances. If none, write "none."] (In the Lease, the property leased, including furniture and appliances, if any, is
called "the Premises.")
III. COMMON AREAS. Landlord grants to Tenant permission to use, during the Lease Term, along with others, the common areas of
the building and the development of which the Premises are a part.
IV. RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in installments of $______________ each on
the________________________ day of each _________________________ [month, week]
(a "Rental Installment Period," as used in the Lease, shall be a month if rent is paid monthly, and a week if rent is paid weekly.)
Tenant shall pay with each rent payment all taxes imposed on the rent by taxing authorities. The amount of taxes payable on the beginning
date of the Lease is $__________ for each installment. The amount of each installment of rent plus taxes ("the Lease Payment"), as of the
date the Lease begins, is $_____________. Landlord will notify Tenant if the amount of the tax changes. Tenant shall pay the rent and all
other charges required to be paid under the Lease by cash, valid check, or money order. Landlord may appoint an agent to collect the Lease
Payment and to perform Landlord's obligations.
Landlord (____)
(____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 1 of 7
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Unless this box is checked, the Lease Payments must be paid in advance beginning ____________________________________.
(date)
If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from
____________________________ through ____________________________ in the amount of $____________ and shall be due
(date) (date)
on ____________________________. (If rent paid monthly, prorate on a 30-day month.)
(date)
V. DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease Payments described above, Tenant shall pay the
following: (check only those items that apply)
___________ a security deposit of $ _________________ to be paid upon signing the Lease.
___________
advance rent in the amount of $ _________________ for the Rental Installment Periods of ___________________
to be paid upon signing the Lease.
___________ a pet deposit in the amount of $_________________ to be paid upon signing the Lease.
___________
a late charge in the amount of $ _________________ for each Lease Payment made more than _______________
days after the date it is due.
___________
a bad check fee in the amount $ _________________ (not to exceed $20.00 or 5% of the Lease Payment,
whichever is greater) if Tenant makes any Lease Payment with a bad check. It Tenant makes any Lease Payment
with a bad check, Landlord can require Tenant to pay all future Lease Payments in cash or by money order.
___________ Other:_______________________________________________________________________________________
___________ Other:_______________________________________________________________________________________
VI. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit or advance rent the following provisions apply:
A. Landlord shall hold the money in a separate interest-bearing or non-interest-bearing account in a Florida banking
institution for the benefit of Tenant. If Landlord deposits the money in an interest-bearing account, Landlord must pay Tenant interest of
at least 75% of the annualized average interest paid by the bank or 5% per year simple interest, whichever Landlord chooses. Landlord
cannot mix such money with any other funds of Landlord or pledge, mortgage, or make any other use of such money until the money is
actually due to Landlord; or
B. Landlord must post a surety bond in the manner allowed by law. If Landlord posts the bond, Landlord shall pay
Tenant 5% interest per year.
At the end of the Lease, Landlord will pay Tenant, or credit against rent, the interest due to Tenant. No interest will be
due Tenant if Tenant wrongfully terminates the Lease before the end of the Lease Term.
If Landlord rents 5 or more dwelling units, then within 30 days of Tenant’s payment of the advance rent or any security
deposit, Landlord must notify Tenant in writing of the manner in which Landlord is holding such money, the interest rate, if any, that Tenant
will receive, and when such payments will be made.
VII. NOTICES. ______________________________________________________ is Landlord’s Agent. All notices to Landlord and all
(name)
Lease Payments must be sent to Landlord's Agent at ________________________________________________________________
(address)
unless Landlord gives Tenant written notice of a change. Landlord’s Agent may perform inspections on behalf of Landlord, subject to Article
XII below. All notices to Landlord shall be given by certified mail, return receipt requested, or by hand delivery to Landlord or Landlord’s
Agent.
Any notice to Tenant shall be given by certified mail, return receipt requested, or delivered to Tenant at the Premises. If Tenant is
absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at the Premises.
VIII. USE OF PREMISES. Tenant shall use the Premises only for residential purposes. Tenant also shall obey, and require anyone on
the Premises to obey, all laws and any restrictions that apply to the Premises. Landlord will give Tenant notice of any restrictions that
apply to the Premises.
If the Premises are located in a condominium or cooperative development, the Lease and Tenant’s rights under it, including as to the
common areas, are subject to all terms of the governing documents for the project, including, without limitation, any Declaration of
Condominium or proprietary lease, and any restrictions, rules, and regulations now existing or hereafter adopted, amended, or
repealed.
Landlord (____)
(____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 2 of 7
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Unless this box is checked, Landlord may adopt, modify, or repeal rules and regulations for the use of common areas and conduct
on the Premises during the Lease Term. All rules and regulations must be reasonable and in the best interest of the development in
which the Premises are located.
Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than _______ nights in any
calendar month (If left blank, 7). Landlord’s written approval is required to allow anyone else to occupy the Premises.
Unless this box
is checked or a pet deposit has been paid, Tenant may not keep or allow pets or animals on the Premises without
Landlord’s approval of the pet or animal in writing.
Unless this box
is checked, no smoking is permitted in the Premises.
Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without
Landlord’s consent.
Tenant shall not create any environmental hazards on or about the Premises.
Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any person to do
so.
Tenant may not make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the
alteration or improvement. However, unless this box
is checked, Tenant may hang pictures and install window treatments in the
Premises without Landlord’s consent, provided Tenant removes all such items before the end of the Lease Term and repairs all
damage resulting from the removal.
Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or
constitute a breach of the peace.
IX. MAINTENANCE. Landlord and Tenant agree that the maintenance of the Premises must be performed by the person indicated
below:
A. Landlord's Required Maintenance. Landlord will comply with applicable building, housing, and health codes relating to
the Premises. If there are no applicable building, housing, or health codes, Landlord shall maintain and repair the roofs, porches, windows,
exterior walls, screens, foundations, floors, structural components, and steps, and keep the plumbing in reasonable working order. If the
Premises are located in a condominium, Landlord and Tenant acknowledge that the maintenance of the structural elements and common
areas is performed by the condominium association as part of the common area maintenance. Landlord shall assure that the association
complies with applicable building, housing, and health codes relating to the Premises. If there are no applicable building, housing, or
health codes, Landlord shall assure that the association maintains and repairs roofs, porches, windows, exterior walls, screens,
foundations, floors, structural components, and steps, and keeps the plumbing in reasonable working order. Landlord will be responsible
for the maintenance of any items listed above for which the association is not responsible.
B. Elective Maintenance. Fill in each blank space in this section with Landlord or Tenant to show who will take care of
the item noted. If a space is left blank, Landlord will be required to take care of that item (or assure that the association takes care of
the items if the Premises are located in a condominium).
___________ Smoke Detectors
___________ Extermination of rats, mice, roaches, ants, woo-destroying organisms, and bedbugs
___________ Locks and keys
___________ Clean and safe condition of outside areas
___________ Garbage removal and outside garbage receptacles
___________ Running water
___________ Hot water
___________ Lawn
___________ Heat
___________ Air conditioning
___________ Furniture
___________ Appliances
___________ Fixtures
___________ Pool (including filters, machinery, and equipment)
___________ Heating and air conditioning filters
___________ Other: ________________________________________________________________________________________
Tenant's responsibility, if any, indicated above, shall not include major maintenance or major replacement of equipment.
Landlord shall be responsible for major maintenance or major replacement of equipment, except for equipment for which Tenant has
accepted responsibility for major maintenance or major replacement in the previous paragraph.
Major maintenance or major replacement means a repair or replacement that costs more than $ _________________.
Landlord (____)
(____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 3 of 7
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Tenant shall be required to vacate the Premises on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph.
When vacation of the Premises is required for extermination, Landlord shall not be liable for damages but shall abate the rent.
Nothing in this section makes Landlord responsible for any condition created or caused by the negligent or wrongful act or omission of
Tenant, any member of Tenant's family, or any other person on the Premises with Tenant's consent.
C. Tenant's Required Maintenance. At all times during the Lease Term, Tenant shall:
1. comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes;
2. keep the Premises clean and sanitary;
3. remove all garbage from the dwelling unit in a clean and sanitary manner;
4. keep all plumbing fixtures in the dwelling unit clean, sanitary, and in repair; and
5. use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and
other facilities and appliances, including elevators.
X. UTILITIES. Tenant shall pay all charges for hook-up, connection, and deposit for providing all utilities and utility services to the
Premises during the Lease Term except _______________________________________________________________________,
which Landlord agrees to provide at Landlord’s expense. (Specify any utilities to be provided and paid for by Landlord such as water,
sewer, oil, gas, electricity, telephone, garbage removal, etc.).
XI. SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of
the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section
83.682, Florida Statutes, the provisions of which can be found in the attachment to this Lease.
XII. LANDLORD'S ACCESS TO PREMISES. Landlord or Landlord's Agent may enter the Premises in the following circumstances:
A. At any time for the protection or preservation of the Premises.
B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply
agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors
under any of the following circumstances:
1. with Tenant's consent;
2. in case of emergency;
3. when Tenant unreasonably withholds consent; or
4. if Tenant is absent from the Premises for a period of at least one-half a Rental Installment Period. (If the rent is
current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant’s consent or
for the protection or preservation of the Premises.)
XIII. PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida
Statutes, the provisions of which can be found in the attachment to this Lease.
XIV. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons
on the Premises with Tenant’s consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease within
30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for
rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the
damage or destruction, in which case Tenant’s liability for rent shall be reduced by the fair rental value of the part of the Premises that
was damaged or destroyed.
XV. DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine
whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant A
ct which
contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease.
XVI. ASSIGNMENT AND SUBLEASING. Unless this box
is checked, Tenant may not assign the Lease or sublease all or any
part of the Premises without first obtaining Landlord’s written approval and consent to the assignment or sublease.
XVII. RISK OF LOSS. Subject to the next sentence, Landlord shall not be liable for any loss by reason of damage, theft, or otherwise
to the contents, belongings, and personal effects of the Tenant, or Tenant’s family, agents, employees, guests, or visitors located in or
about the Premises, or for damage or injury to Tenant or Tenant’s family, agents, employees, guests, or visitors. Nothing contained in this
provision shall relieve Landlord or Tenant from responsibility for loss, damage, or injury caused by its own negligence or willful conduct.
XVIII. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises
from time to time.
XIX. LIENS. The interest of the Landlord shall not be subject to liens for improvements by the Tenant as provided in Section 713.10,
Florida Statutes. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not allow any liens
to attach to Landlord’s interest.
Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 4 of 7
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XX. APPROVAL CONTINGENCY. If applicable, the Lease is conditioned upon approval of Tenant by the association that governs the
Premises. Any application fee required by an association shall be paid by
Landlord
Tenant. If such approval is not obtained
prior to commencement of Lease Term, either party may terminate the Lease by written notice to the other given at any time prior to
approval by the association, and if the Lease is terminated, Tenant shall receive return of deposits specified in Article V, if made. If the
Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due diligence in
applying for association approval and to comply with the requirements for obtaining approval.
Landlord Tenant shall pay the
security deposit required by the association, if applicable.
XXI. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and
Tenant, but in no event may the total Lease Term exceed one year. A new lease is required for each year.
XXII. LEAD-BASED PAINT.
Check and complete if the dwelling was built before January 1, 1978. Lead Warning Statement
(when used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant)
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must
disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure (initial)
_________(a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below):
(i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
(ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
_________(b) Records and reports available to the Lessor (check (i) or (ii) below):
(i) _____ Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the housing (list documents below).
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
(ii) _____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
housing.
Lessor's Acknowledgment (initial)
_________(c) Lessee has received copies of all information listed above.
_________(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.
Agent's Acknowledgment (initial)
_________(e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility
to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by
the signatory is true and accurate.
_____________________________ ____________ _____________________________ ____________
Lessor's signature Date Lessor's signature Date
_____________________________ ____________ _____________________________ ____________
Lessee's signature Date Lessee's signature Date
_____________________________ ____________ _____________________________ ____________
Agent's signature Date Agent's signature Date
Landlord (____)
(____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 5 of 7
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XXIII. ATTORNEYS' FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or
decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party.
XXIV. MISCELLANEOUS.
A. Time is of the essence of the performance of each party's obligations under the Lease.
B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted
assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular
number shall include the plural or singular and the use of any gender shall include all appropriate genders.
C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or
terminated orally.
D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be
determined pursuant to the laws of Florida.
F. The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the Premises is
located.
G. Landlord and Tenant will use good faith in performing their obligations under the Lease.
H. As required by law, Landlord makes the following disclosure: “RADON GAS.” 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.
XXV. TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX
FOR THE FOLLOWING PROVISION TO
APPLY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR
RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED
BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
The Lease has been executed by the parties on the dates indicated below.
________________________________________________ ________________________________________________
Landlord's Signature Date
________________________________________________ ________________________________________________
Landlord's Signature Date
________________________________________________ ________________________________________________
Landlord's Signature Date
________________________________________________ ________________________________________________
Tenant's Signature Date
________________________________________________ ________________________________________________
Tenant's Signature Date
This form was completed with the assistance of:
Name of Individual:
Name of Business:
Address:
Telephone Number:
Landlord (____)
(____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 6 of 7
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Early Termination Fee/Liquidated Damages Addendum
[ ] I agree, as provided in the rental agreement, to pay $ __________ (an amount that does not exceed two months’ rent) as
liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek
additional rent beyond the month in which the landlord retakes possession.
[ ] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as
provided by law.
______________________________________________ _________________________
Landlord’s Signature Date
______________________________________________ _________________________
Landlord’s Signature Date
______________________________________________ _________________________
Landlord’s Signature Date
______________________________________________ _________________________
Tenant’s Signature Date
______________________________________________ _________________________
Tenant’s Signature Date
Landlord (____)
(____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 7 of 7
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Florida Residential Landlord and Tenant Act
PART II
RESIDENTIAL TENANCIES
83.40 Short title.
83.41 Application.
83.42 Exclusions from application of part.
83.43 Definitions.
83.44 Obligation of good faith.
83.45 Unconscionable rental agreement or provision.
83.46 Rent; duration of tenancies.
83.47 Prohibited provisions in rental agreements.
83.48 Attorney's fees.
83.49 Deposit money or advance rent; duty of landlord and tenant.
83.50 Disclosure.
83.51 Landlord's obligation to maintain premises.
83.52 Tenant's obligation to maintain dwelling unit.
83.53 Landlord's access to dwelling unit.
83.535 Flotation bedding system; restrictions on use.
83.54 Enforcement of rights and duties; civil action.
83.55 Right of action for damages.
83.56 Termination of rental agreement.
83.57 Termination of tenancy without specific term.
83.575 Termination of tenancy with specific duration.
83.58 Remedies; tenant holding over.
83.59 Right of action for possession.
83.595 Choice of remedies upon breach or early termination by tenant.
83.60 Defenses to action for rent or possession; procedure.
83.61 Disbursement of funds in registry of court; prompt final hearing.
83.62 Restoration of possession to landlord.
83.625 Power to award possession and enter money judgment.
83.63 Casualty damage.
83.64 Retaliatory conduct.
83.67 Prohibited practices.
83.681 Orders to enjoin violations of this part.
83.682 Termination of rental agreement by a servicemember.
83.40 Short title. This part shall be known as the "Florida Residential Landlord and Tenant Act."
History.--s. 2, ch. 73-330.
83.41 Application. This part applies to the rental of a dwelling unit.
History.--s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.
83.42 Exclusions from application of part. This part does not apply to:
(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the
provision of medical, geriatric, educational, counseling, religious, or similar services.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy
in a mobile home park.
(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5) Occupancy by an owner of a condominium unit.
History.--s. 2, ch. 73-330.
Page 1 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a
Duplex) Including a Mobile Home, Condominium, or Cooperative
83.43 Definitions. As used in this part, the following words and terms shall have the following meanings unless some
other meaning is plainly indicated:
(1) "Building, housing, and health codes" means any law, ordinance, or governmental regulation concerning health,
safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of
any dwelling unit.
(2) "Dwelling unit" means:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by
two or more persons who maintain a common household.
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a
home, residence, or sleeping place by one or more persons.
(3) "Landlord" means the owner or lessor of a dwelling unit.
(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.
(5) "Premises" means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant
facilities and grounds, areas, facilities, and property held out for the use of tenants generally.
(6) "Rent" means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and
any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
(7) "Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a
duration of less than 1 year, providing for use and occupancy of premises.
(8) "Good faith" means honesty in fact in the conduct or transaction concerned.
(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include
rent paid in advance for a current rent payment period.
(10) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.
(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage
deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and
tenant either in writing or orally.
(12) "Security deposits" means any moneys held by the landlord as security for the performance of the rental agreement,
including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the
expiration thereof.
(13) "Legal holiday" means holidays observed by the clerk of the court.
(14) "Servicemember" shall have the same meaning as provided in s. 250.01.
(15) "Active duty" shall have the same meaning as provided in s. 250.01.
(16) "State active duty" shall have the same meaning as provided in s. 250.01.
(17) "Early termination fee" means any charge, fee, or forfeiture that is provided for in a written rental agreement and is
assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates
a dwelling unit before the end of the rental agreement. An early termination fee does not include:
(a) Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the
dwelling unit.
(b) Charges for damages to the dwelling unit.
(c) Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.
History.--s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131.
83.44 Obligation of good faith. Every rental agreement or duty within this part imposes an obligation of good faith in its
performance or enforcement.
History.--s. 2, ch. 73-330.
83.45 Unconscionable rental agreement or provision.
(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been
unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of
the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as
to avoid any unconscionable result.
(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable,
the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties,
purpose, and effect to aid the court in making the determination.
History.--s. 2, ch. 73-330.
83.46 Rent; duration of tenancies.
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each
rent payment period; and rent is uniformly apportionable from day to day.
(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods
Page 2 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a
Duplex) Including a Mobile Home, Condominium, or Cooperative
Document Specifications
| Fact Name | Details |
|---|---|
| Form Purpose | This form is designed for leasing an apartment or unit in multi-family rental housing, excluding duplexes. |
| Applicable Properties | The lease can be used for mobile homes, condominiums, and cooperatives. |
| Lease Term | The lease is valid for a term not exceeding one year. |
| Legal Obligations | Important legal obligations are imposed by the lease, which must be read carefully before signing. |
| Disclosure Requirement | Licensees must provide a disclosure to the landlord before assisting with the lease completion. |
| Retention of Copies | Both landlord and tenant must retain copies of the lease for their records. |
| Governing Law | The lease is governed by the Florida Residential Landlord and Tenant Act, specifically Chapter 83 of the Florida Statutes. |
| Prohibited Acts | Landlords are prohibited from certain actions as defined in Section 83.67 of the Florida Statutes. |
Steps to Filling Out Florida Realtors Residential Lease
Filling out the Florida Realtors Residential Lease form is an essential step in securing a rental agreement. This process involves providing accurate information about the landlord, tenant, and the property being leased. Follow the steps below to ensure that you complete the form correctly.
- Licensee Disclosure: Before assisting with the lease, provide the disclosure to the landlord.
- Insert Licensee Name: Write your name in the first five blank “Name” spaces at the top of the form.
- Licensee Signature: Sign the disclosure at the bottom of the page.
- Landlord and Tenant Acknowledgment: Both the landlord and tenant should check the applicable provision regarding their ability to read English and sign below.
- Complete Lease Terms: Fill in the lease term, starting and ending dates, landlord's name, and tenant's name.
- Contact Information: Provide email addresses and phone numbers for both the landlord and tenant.
- Property Details: Specify the apartment or unit number and the complete address of the property, including any furniture or appliances included in the lease.
- Rent Payments: Indicate the rental amount, payment frequency, and any applicable taxes.
- Deposits and Fees: Check any applicable boxes for security deposits, advance rent, pet deposits, and late charges.
- Maintenance Responsibilities: Fill in the blanks to indicate whether the landlord or tenant is responsible for various maintenance tasks.
- Utilities: Specify which utilities will be provided by the landlord and which will be the tenant's responsibility.
- Landlord's Access: Review and fill in the conditions under which the landlord may enter the premises.
- Signatures: Ensure that both the landlord and tenant sign the lease at the end of the document.
More About Florida Realtors Residential Lease
What is the purpose of the Florida Realtors Residential Lease form?
The Florida Realtors Residential Lease form is designed for landlords and tenants to outline the terms of a rental agreement for residential properties, such as apartments, condominiums, or mobile homes. It provides a clear structure for both parties, detailing their rights and responsibilities during the lease term.
How long is the lease term in this form?
The lease term can be set for a period not to exceed one year. Landlords and tenants will fill in the specific start and end dates when completing the form. This allows both parties to agree on the duration of the rental agreement.
What should I do if I cannot read English?
If you cannot read English, the lease includes a provision for someone to read it to you in a language you understand. It is important to ensure that you fully comprehend the lease terms before signing. The landlord or agent should assist you with this process.
What happens if I need to terminate the lease early?
If you are a member of the United States Armed Forces or the Florida National Guard, you have certain rights to terminate the lease early under Florida law. It is essential to review the specific provisions related to servicemembers included in the lease for more details on how to proceed.
Are there any fees associated with late rent payments?
Yes, the lease may include a late charge if rent is not paid on time. The specific amount of the late fee and the grace period before it is applied will be detailed in the lease. It is important to be aware of these charges to avoid any additional costs.
What is the security deposit used for?
The security deposit is held by the landlord to cover any potential damages or unpaid rent at the end of the lease. The lease will specify the amount of the security deposit and the conditions under which it may be withheld. It is important to understand these terms to ensure a smooth return of the deposit after moving out.
Can I make changes to the property?
Tenants generally cannot make alterations or improvements to the property without obtaining written consent from the landlord. However, tenants may be allowed to hang pictures or install window treatments without permission, as long as they remove them and repair any damage before moving out. Always check the lease for specific rules regarding changes to the property.
How is maintenance handled in the lease?
The lease outlines responsibilities for maintenance, indicating whether the landlord or tenant is responsible for specific tasks. For example, the landlord typically handles major repairs, while tenants must keep the property clean and report any issues promptly. Understanding these responsibilities can help prevent disputes during the lease term.
What should I do if I have a dispute with my landlord?
If a dispute arises, it is advisable to first communicate directly with the landlord to resolve the issue. If that does not work, tenants can refer to the Florida Residential Landlord and Tenant Act, which provides guidance on resolving conflicts. Keeping records of all communications can be helpful in these situations.
Common mistakes
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Failing to Provide Accurate Dates: Many individuals overlook the importance of accurately filling in the lease term dates. Missing or incorrect dates can lead to confusion regarding the lease's start and end.
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Neglecting to Specify Rental Amounts: It's crucial to clearly state the rental amount and payment schedule. Leaving these sections blank or unclear can result in disputes over payment expectations.
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Ignoring Security Deposit Requirements: Some tenants forget to specify the security deposit amount. This omission can lead to misunderstandings about what is required upfront.
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Not Noting Utilities Responsibility: Failing to clearly indicate which utilities the landlord will cover can create issues later. Both parties should agree on who is responsible for which services.
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Leaving Maintenance Responsibilities Unclear: It is essential to fill out the maintenance responsibilities section. If left blank, it may default to the landlord, causing potential disputes over who is responsible for repairs.
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Overlooking Pet Policies: Many tenants forget to check or clarify the pet policy. This can lead to unwanted surprises if pets are not allowed or if additional deposits are required.
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Failing to Sign the Form: A common mistake is neglecting to sign the lease. Without signatures from both parties, the lease may not be enforceable.
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Not Retaining Copies: Some individuals fail to keep copies of the signed lease. Retaining a copy is essential for reference and to ensure both parties are aware of their obligations.
Documents used along the form
The Florida Realtors Residential Lease form is a crucial document for landlords and tenants entering into a rental agreement. Along with this lease, several other forms and documents are commonly used to ensure clarity and compliance with local regulations. Below is a list of these documents.
- Rental Application: This form collects personal and financial information from potential tenants. It helps landlords assess the suitability of applicants before signing a lease.
- Security Deposit Receipt: This document acknowledges the receipt of a security deposit from the tenant. It outlines the amount paid and the conditions for its return at the end of the lease.
- Move-In/Move-Out Checklist: This checklist documents the condition of the property at the start and end of the tenancy. It helps prevent disputes over damages and ensures accountability for both parties.
- Lease Addendum: An addendum modifies or adds specific terms to the original lease. This may include pet policies, maintenance responsibilities, or any other agreed-upon changes.
- Notice of Entry: This notice informs tenants when a landlord or their agent intends to enter the rental unit. It ensures compliance with privacy laws and provides tenants with advance notice.
Using these additional documents alongside the Florida Realtors Residential Lease form can help create a comprehensive rental agreement. They ensure that both landlords and tenants understand their rights and responsibilities throughout the lease term.
Similar forms
The Florida Realtors Residential Lease form shares similarities with the standard Residential Lease Agreement, commonly used across many states. Both documents outline the terms of the rental agreement, including the duration of the lease, the responsibilities of both the landlord and tenant, and the payment details. However, the Florida Realtors form includes specific provisions related to Florida law, ensuring compliance with state regulations. This makes it particularly useful for landlords and tenants in Florida, as it addresses local legal requirements that may not be present in a generic lease agreement.
Another document that resembles the Florida Realtors Residential Lease is the Apartment Lease Agreement. This type of lease is tailored for apartment rentals and often includes similar sections regarding rent, security deposits, and maintenance responsibilities. Like the Florida form, it also emphasizes the importance of reading the lease carefully before signing. The main distinction lies in the specific terms that may apply to multi-family units, which are addressed in the Florida Realtors version.
The Lease for a Mobile Home is another similar document. This lease format is specifically designed for mobile home rentals and includes unique clauses that pertain to mobile home park regulations. While both leases cover essential elements like rent and security deposits, the mobile home lease may also address issues related to the land on which the mobile home is placed. The Florida Realtors Residential Lease form, while broader, provides similar legal protections and obligations for tenants and landlords.
A Commercial Lease Agreement also shares some features with the Florida Realtors Residential Lease, although it is intended for business premises rather than residential properties. Both documents outline the terms of occupancy, payment obligations, and maintenance responsibilities. However, commercial leases often include more complex terms related to business operations, which are not necessary in residential leases. The Florida version ensures that all residential specifics are clearly defined for the tenant's understanding.
The Lease for a Single-Family Home is similar in structure to the Florida Realtors form, but it is specifically designed for single-family residences. Both documents cover critical aspects such as rent payment, security deposits, and maintenance obligations. However, the single-family lease may include provisions related to yard maintenance and utilities that are less common in multi-family leases. This specificity helps clarify the responsibilities unique to single-family homes.
The Section 8 Lease Agreement is another document that bears similarities to the Florida Realtors Residential Lease. This lease is specifically for tenants participating in the Section 8 housing assistance program. While it includes standard lease elements like rent and maintenance, it also incorporates specific requirements set by the housing authority. The Florida Realtors form may include similar provisions to ensure compliance with local housing assistance regulations.
A Lease Agreement for College Students is also comparable, focusing on the unique needs of student renters. This type of lease often includes terms that address shared living situations, utilities, and communal responsibilities. While both agreements serve to protect the rights of landlords and tenants, the student lease may have additional clauses regarding noise and guest policies, which are essential in a college setting.
The Vacation Rental Agreement is another document that shares characteristics with the Florida Realtors Residential Lease. This type of lease is typically short-term and focuses on properties rented for vacation purposes. Both agreements outline payment terms, security deposits, and rules for property use. However, the vacation rental agreement may include specific clauses related to check-in and check-out times, which are not necessary in a standard residential lease.
Lastly, the Roommate Agreement is similar in that it addresses shared living arrangements. This document outlines the rights and responsibilities of each roommate, including rent payment, shared expenses, and house rules. While the Florida Realtors Residential Lease is more formal and comprehensive, the roommate agreement serves a similar purpose of clarifying expectations among multiple tenants living in the same space.
Dos and Don'ts
When filling out the Florida Realtors Residential Lease form, there are several important dos and don'ts to keep in mind. This will help ensure that the process goes smoothly and that all parties are protected.
- Do read the entire lease carefully before filling it out. Understanding the terms is crucial.
- Do provide accurate information in all blank spaces, including names, addresses, and dates.
- Do check the applicable provisions regarding language comprehension and ensure all parties sign where required.
- Do retain copies of the completed lease for your records and for the landlord's and tenant's files.
- Don't make any changes to the form unless you have consulted a lawyer. Alterations can lead to legal complications.
- Don't skip any required signatures. Each party involved must sign to validate the lease.
- Don't leave any blank spaces that require a choice or decision unless specified. This could lead to misunderstandings later.
- Don't forget to include any necessary deposits or fees as outlined in the lease. These are often critical to securing the rental agreement.
By following these guidelines, you can help ensure that the lease process is clear, efficient, and legally sound for everyone involved.
Misconceptions
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Misconception 1: The form is only for single-family homes.
This form is designed for various types of multi-family rental housing, including apartments, mobile homes, condominiums, and cooperatives. It is not limited to single-family residences.
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Misconception 2: The lease can be modified without legal advice.
Any changes or additions to the lease must be made with the consultation of a lawyer. This ensures that all modifications comply with legal standards.
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Misconception 3: The landlord can enter the premises whenever they want.
Landlords must provide reasonable notice before entering the premises, except in emergencies. This protects the tenant's right to privacy.
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Misconception 4: Tenants have no rights regarding security deposits.
Tenants are entitled to have their security deposits held in a separate account, and they may receive interest on those deposits, depending on the terms outlined in the lease.
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Misconception 5: The lease automatically allows pets.
Pets are not allowed unless specifically approved by the landlord. A pet deposit may also be required to cover potential damages.
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Misconception 6: Rent payments can be made in any form.
Rent payments must be made in cash, valid check, or money order, as specified in the lease. This ensures a clear record of payments.
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Misconception 7: Tenants cannot terminate the lease under any circumstances.
Tenants, particularly those in the military, have specific rights to terminate the lease under certain conditions, as outlined in Florida statutes.
Key takeaways
The Florida Realtors Residential Lease form is specifically designed for residential properties, including apartments, mobile homes, and condominiums.
Before filling out the lease, the licensee must provide a disclosure to the landlord, ensuring all parties understand their roles and limitations.
Landlords and tenants should check the applicable provision regarding their ability to read English and sign the form accordingly.
All lease terms, including the rental amount and payment schedule, must be clearly stated to avoid misunderstandings.
Security deposits, advance rent, and any applicable late charges must be specified in the lease to ensure transparency.
Landlords are responsible for maintaining the property, but tenants must also adhere to specific maintenance obligations.
Landlords have the right to access the premises under certain conditions, including emergencies or with reasonable notice for repairs.
Both parties should keep a copy of the completed lease for their records, as it contains important legal obligations.