Realtor Version
Florida Assoc. of Realtors Lease Agreement
Download: PDF
Security Deposit Laws
Maximum Amount: No maximum amount. The landlord can charge as much as desired for a security deposit.
- Receipt Required? If the landlord rents 5 or more units, they must give the tenant, within 30 days, the financial institution where the funds are deposited. In addition, the landlord must share if interest is being collected on the funds. (§ 83.49(2))
Return Period: If there are no deductions, the landlord has 15 days to release the security deposit. If there are deductions, the landlord has 30 days. Delivery can be made by mail, e-mail, or in-person. (§ 83.49(3)(a))
- Itemized List Required? Any claims made against the security deposit must include the amount and reason for the deduction. After giving notice, the tenant has 15 days to object to the claims made by the landlord. If no objections are made, the landlord must remit the funds to the tenant within 30 days. (§ 83.49(3))
Landlord Disclosures
Advance Rent Holding Disclosure: If the tenant pays rent in advance, a disclosure of where the funds are being held, including the interest rate, must be shared with the tenant. (§ 83.49(2))
Flood Disclosure: For leases of one year or longer, the tenant must be notified of whether or not the property:
- Has had flooding that has damaged the property during the landlord’s ownership;
- If a flood insurance claim has been made; and
- If flood-damage assistance has been received from FEMA. (§ 83.512)
Landlord’s Name and Address: The landlord, or a person authorized to act on their behalf, must be disclosed to the tenant in writing (commonly mentioned in the lease). If the authorized agent changes, the tenant must be notified. (§ 83.50)
Lead-Based Paint Disclosure: If the property was constructed prior to January 1, 1978, the tenant must be made aware of the potential presence of lead-based paint. (40 CFR § 745.113)
Radon Gas Disclosure: For leases more than 45 days, a radon gas disclosure must be given to the tenant with specific language that states: “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.” § 404.056(5)
Sample
Download: PDF, MS Word (.docx)
