Free Florida Lease Agreement Template

In Florida, you aren’t required to have a written lease to rent a home. Yet, having a lease is one of the best ways to protect yourself as a landlord. Leases also protect tenants, ensuring their rights and obligations are spelled out in a written contract.

There are certain provisions that should be covered by any lease agreement, such as the amount and due date of rent, whether pets are allowed, and permissible uses of the property. Our free Florida lease agreement template can give you a head start in drafting your own lease. Your property manager can also suggest provisions that might be great for your specific situation, such as adding a pool addendum for a rental property with a pool.

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Why Is Having a Written Lease Important?

Under Florida’s landlord-tenant law, written leases are not required for residential rentals. However, it is generally considered a good idea to have a written lease for the protection of the tenant and the landlord alike.

A verbal agreement may be convenient when you’re simply trying to get a place rented. Yet if a dispute arises, having an oral lease - as opposed to something in writing - can be a big problem. A lot will come down to what is effectively “he said, she said” type evidence, which can make it difficult to prove that a tenant has violated the lease terms if you need to evict them or simply want them to leave the property.

For example, consider a situation where you orally agreed to rent an apartment to a tenant on a month-to-month basis. You later decide that you’d like to use your property as a short-term vacation rental and give your tenant the appropriate notice to vacate. They refuse and claim that they have a year-to-year lease - and you don’t have any written documentation that the lease term was actually much shorter.

Benefits Of A Written Lease Agreement

A lease is critical for many reasons, including:

• It offers legal protection in the event of a dispute or litigation with a tenant. A lease is a legally binding contract that outlines the rights and obligations of both parties, which can reduce the potential for misunderstandings or disagreements.
• It will set forth the terms of the rental, including the start and end dates of the lease.
• It will confirm the tenant’s obligation to pay rent, including the amount of rent, due date, acceptable payment methods, and consequences for late payments.
• It establishes general rules for the rental unit, such as the tenant’s responsibility for basic cleaning and trash removal.
• It can establish community rules, such as quiet hours, parking regulations, and pet policies that protect everyone in a multi-unit dwelling.
• It can require a tenant to obtain renter’s insurance, which will reduce both parties’ liability in the event of an accident or property damage.

A written lease also makes you more professional and credible as a landlord.

Key Provisions to Include in a Lease

In Florida, certain rights and duties for each party in a residential rental agreement are established by law. These include the tenant's right to peaceful possession of the rental unit and the obligation to pay rent. However, a lease agreement can go into much greater detail, which is critical to protecting both parties’ rights.

Provisions that should be part of a lease include:

• Name and addresses of the landlord (“lessor”) and the tenants (“lessees”). If the landlord uses a property manager, include the name and address of the management company on the lease.
• Address and details related to the premises, such as information on anything included with the rental, like a parking space, furnishings, or storage areas.
• The length or term of the tenancy, which may be month-to-month or for a longer term (such as a year or more). Longer tenancies should also have a specified start and end date.
• Rent, including the amount of rent, when and where it is due, acceptable forms of payment, and information on late fees.
• Responsibility for utilities (i.e., who pays for services such as garbage removal, water, internet, gas, and electricity).
• Deposits and fees, such as the security deposit, a pet deposit (if applicable), and cleaning fees.
• Information about the tenant’s rights and responsibilities, including the duty to alert the landlord of any unsafe conditions, a requirement that the tenant maintain the premises clean and in good condition, an obligation that the tenant pay for any damage that they cause, and limitations on any repairs or upgrades (like painting the walls) that the tenant cannot do without permission. It may also include limits on the tenant’s behavior, such as forbidding the tenant from using the premises in a way that violates any law or ordinance, creating a disturbance, intentionally damaging property, or smoking in their unit and/or in common areas.
• Rules on when and how the landlord can enter the rental property for inspections and repairs.
• A requirement to notify the landlord if the tenant will be away from the property for an extended period of time.
• A restriction on the number of occupants in the unit.
• A restriction on the use of the property, including rules related to overnight guests, running a business from the rental unit, and assigning and/or subletting the unit without written permission from the landlord.
• A restriction on pets (other than service animals and emotional support animals).
• A clause relating to attorneys’ fees and court costs if it is necessary to litigate a dispute.
• Grounds for termination of the tenancy, such as nonpayment of rent and/or violation of any of the lease terms.

Keep in mind that some lease provisions may not be legal - and may violate Florida or federal law. For example, you cannot include a lease provision that limits your liability for injuries caused by your negligence, require tenants to pledge their personal property as a security deposit, waive the tenant’s right to a jury trial, or waive the implied warranty of habitability. You also cannot include lease provisions that are discriminatory, or that would waive the formal eviction process required by Florida law.

If you have questions about what provisions you should and should not include in a Florida lease agreement, consult an attorney. They can help you draft a tightly-written lease that protects your interests as a landlord.

Free Florida Lease Template

While you should talk to a lawyer or a property manager about writing a lease for your investment properties, you may be able to utilize a template to get started. We’ve created a free downloadable lease agreement template that covers many common situations and can be used by landlords in Florida for residential properties. You can download the template by clicking the link below.

Free Florida Lease Agreement Template

Save Time Managing Your Rental Properties with Eaton Realty

Owning an investment property can be a great step towards financial freedom. However, if you manage your rental properties yourself, the income you receive from these units may be more active than passive. Our property management team can help make owning rental properties easy, handling everything from listing and marketing the properties to screening tenants and getting leases signed.

At Eaton Realty, our Tampa property managers work with landlords in and around Hillsborough County. We understand that the day-to-day tasks of owning a rental property can be overwhelming, which is why we offer streamlined services designed to make your life as stress-free as possible. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.