Rental Application: Paperwork apportioned to an interested party wishing to be considered as a tenant of a leased residence. The form allows the possible tenant the opportunity to prove qualification to rent and the landlord necessary background information to make a decision as to the applicant’s eligibility.
Lease Agreements (8)
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Florida Association of Realtors Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a Duplex) Including a Mobile Home, Condominium, or Cooperative: Procures a contract specifically for leasing multi-unit properties. Download: PDF |
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Download: PDF, MS Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
Required Landlord Disclosures
1.) Landlord’s Address (§ 83.50): Landlords (or authorized agents) must disclose in writing their name and address within the lease agreement.
2.) Lead-Based Paint (42 U.S. Code § 4852d): Leases for pre-1978 residential homes disclose the effects of lead-paint exposure, as well as identify lead-paint hazards in the property.
When is Rent Late?
Late Fees
NSF Fees
- $25 if the face value does not exceed $50,
- $30 check exceeds $50 but does not exceed $300,
- $40 if check exceeds $300, or 5 percent of the face value of the payment instrument, whichever is greater (FS § 68.065(2))
Security Deposit Maximum
Security Deposit Return
Return Period: Florida obligates landlords to return the tenant’s deposit within fifteen (15) days of the agreement’s termination (FS 83.49).
Itemized List: Whenever landlords deduct damages from security:
- Florida explicitly expects landlords to send a written statement that lists all deductions in detail within thirty (30) days of termination.
- Tenants have fifteen (15) days from the time of receiving the notice to object accordingly (FS § 83.49).
Landlord’s Right to Enter
Absence
Landlords assume abandonment when tenants are absent for a “period of time equal to one-half the time for periodic rental periods;” however:
- The landlord does not have the power of this assumption during a period when rent is not overdue
- This presumption is unacceptable when tenants explicitly inform landlords, “in writing,” of their absence and intent to return (FS § 83.59)
Once landlords reasonably assess tenant absence (as well as a state of abandonment), they repossess the property (FS § 83.59).
Repair and Deduct
Tenant Breaking a Lease (Early)
Duty to Mitigate: Florida requires landlords demonstrate “good faith in attempting to relet the premises” whenever abandoned (FS § 83.595).
Domestic Violence: Currently, Florida does not make special allowances regarding lease terminations for victims of domestic violence.
Active Military: State and federal laws empower military personnel to terminate leases for duty or reassignments (FS § 83.682), (SCRA).
Uninhabitable Living Conditions: Florida enforces leases and its habitability laws; therefore, Tenants hold landlords accountable to the lease since they:
- Issue a seven-day notice to fix habitability violations or terminate the lease.
- Are not responsible for rent after such notice receives no answer.
Landlord’s Harassment: Landlords are liable for damages (maximum: three months’ rent) whenever using unlawful self-help measures (e.g., utility shutoffs (FS § 83.67).
Is an Oral Lease enforceable?
Renewing a Lease
Unclaimed Property
- They only move post-eviction tenant property (left behind) to or near the property line once reaching the 24-hour mark.
- The landlord mus serve a 10 day notice to the tenant in cases of abandonment or move outs; however property valued over $500 must go on public sale).
- Leases with an abandonment clause can release the landlord from issuing a notice to dispose of unclaimed property should the tenant abandon the property.
Landlord-Tenant Laws
Title VI, Chapter 83: Landlord and Tenant – Part II – Residential Tenancies.








