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Blank Florida Residential Agreement Form

The Florida Residential Agreement form is a legally binding contract between a landlord and a tenant for the rental of residential property in Florida. This agreement outlines the rights and responsibilities of both parties, ensuring clarity and protection throughout the rental term. Understanding this form is essential for anyone involved in a residential lease in Florida, as it sets the foundation for a successful landlord-tenant relationship.

Outline

The Florida Residential Agreement form is a crucial document for both landlords and tenants, laying out the terms of the rental arrangement. It begins with essential information, including the names of the landlord and tenant, the rental property address, and the lease term. This agreement specifies the amount of rent due, the security deposit required, and any additional fees, such as for pets. It also outlines the responsibilities of both parties, including maintenance obligations and rules regarding the use of the property. Important legal obligations arise from this lease, governed by Florida’s Residential Landlord and Tenant Act. The form emphasizes the need for clear communication and adherence to rules, such as those regarding alterations to the property and the handling of pets. Additionally, it addresses the landlord's right to inspect the property and the tenant's responsibility to keep it in good condition. Understanding these elements is vital for a smooth rental experience, ensuring that both parties know their rights and obligations from the start.

Sample - Florida Residential Agreement Form

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RESIDENTIAL LEASE AGREEMENT

THIS LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND

RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART II,

RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. UPON REQUEST, THE

LANDLORD SHALL PROVIDE A COPY OF THE RESIDENTIAL LANDLORD AND TENANT

ACT TO THE TENANT(S).

THIS LEASE AGREEMENT is made and entered into by and between the following described Landlord

and Tenant as of the _____ day of ________________, 2005.

1. GENERAL TERMS, SPECIFICATIONS AND DEFINITIONS

LANDLORD Name ________________________________________________________________

or AGENT: Notice Address ________________________________________________________

_____________________________________________________________________

TENANT: Name ________________________________________________________________

Employer _____________________________________________________________

Office Telephone No. (_____) ____________________________________________

PREMISES: Address ______________________________________________________________

Home Telephone No. (_____) _____________________________________________

TERM: Commencing the _____ day of _____________, 20____,

(Choose one) _____ for a term of week to week.

_____ and ending the _____ day of _______________, 20____.

RENT: $___________________ per week.

[All rent hereunder due together with applicable sales tax thereon]

OCCUPANTS: ________Adults and ______ Children

_________ Pets (Describe number, type): ____________________________________

SECURITY

DEPOSIT: $_____________

PET

DEPOSIT $_____________

ADVANCED

RENT: $________________________ for _______________, 20___

2. RENT

: Tenant agrees to pay the weekly rent to the Landlord (or Agent) specified above in advance

every Monday at the following address:

RENT PAYMENT ADDRESS:

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Tenant agrees to pay the rent with a check or cash. In the event Tenant's bank does not honor the check, Tenant agrees to

replace it with a cashier's check. Tenant consents to Landlord making any and all lawful credit checks or inquiries as a

condition to entering into this Lease; and Tenant shall execute any further documents in the nature of consents and

authorization in respect thereof as Landlord may require. To facilitate same, Tenant shall truthfully provide Tenant’s

social security number.

3. SECURITY AND DAMAGE DEPOSIT

: Tenant is depositing with Landlord the security and damage

(and Pet, as applicable) deposit(s) in the amount(s) specified above (collectively, the “Security Deposit”). The Security

Deposit together with any advanced rent payment other than the first week's rent shall be held in a separate non-interest

bearing account by Landlord for Tenant's benefit or in Landlord's agent's non-interest bearing trust account. Tenant

acknowledges receipt in person immediately after full execution and delivery of this Lease, of a separate notification

from Landlord, copy attached (the “Security Deposit Notification”), given pursuant to Section 83.49, Florida

Statutes,

the content of which is deemed included in this paragraph. Upon the vacating of the Premises for termination of this

Lease, Landlord shall within fifteen (l5) days either (a) return to Tenant the Security Deposit together with interest if

applicable; or (b) give Tenant notice by certified mail at Tenant's last known mailing address of Landlord's intention to

impose a claim on the deposit and the reason for imposing the claim. If Tenant does not object to Landlord's claim

within fifteen (l5) days after receipt of the notice of claim, Landlord may retain the amount of the claim from the deposit

and refund the balance to Tenant.

4. CONDITION OF PREMISES

: Tenant has examined the Premises, including the grounds and all

buildings and improvements, and agrees that they are in good order and repair and in a safe, clean and tenantable

condition. The Premises are rented (choose one) ____furnished ____unfurnished. However, the following items are

included: any built-ins, treatments or appliances as may actually exist in the Premises, ______________________

_____________________________________________________________________________________________

______________________________________________________________________________________________.

5. USE OF PREMISES

: Tenant agrees to use the Premises exclusively as a private single-family

residence and shall conduct himself in a manner that does not unreasonably disturb the neighborhood or adjacent unit

dwellers or cause any breach of the peace, or violate any of Landlord’s rules or regulations or the rules or regulations of

any applicable homeowners' or condominium association(s).

6. RULES; DANGEROUS USES OR MATERIALS

: Tenant shall abide by Landlord’s rules and

regulations as promulgated from time to time. Tenant agrees not

to keep or otherwise possess, carry, store or discharge

any guns or other firearms of any kind whatsoever, nor will Tenant allow any of its guests or invitees to do so. Tenant

agrees that a violation of this rule against guns and firearms will permit Landlord to immediately terminate this Lease and

the Security Deposit will be applied in full to partially reimburse Landlord’s resultant damages, including re-marketing

costs and lost income. Tenant agrees to not keep on the Premises any dangerous or flammable item that might

unreasonably increase the danger of fire or damage to the Premises.

7. MAINTENANCE AND REPAIR / LOCKS AND KEYS

: Tenant agrees to maintain the Premises in a

clean and sanitary manner and in good condition and repair. Tenant's obligation shall include, but not be limited to, (i)

regularly changing or cleaning air-conditioning filters, (ii) maintaining furniture and furnishings, the appliances and

fixtures, compliance with all obligations imposed upon tenants by applicable provisions of building, housing, and health

codes, (iii) removing all garbage and depositing same in the appropriate canisters intended therefor, (iv) keeping all

plumbing fixtures in the dwelling unit clean, sanitary, and in repair; and (v) using and operating in a reasonable manner

all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including

elevators (if and as applicable). Tenant agrees that any maintenance and repair caused by the misuse, neglect, or waste of

Tenant, Tenant's family, employees, or visitors, regardless of cost, shall be Tenant's responsibility. In addition, Tenant

agrees to be solely responsible for any maintenance or repair costing less than $100.00, regardless of fault or misuse.

Any item of maintenance or repair exceeding this amount that is not caused by the misuse, neglect or waste of Tenant,

Tenant's family, employees, or visitors shall be performed by Landlord. Tenant shall not add to or change any locks to

the Premises without first obtaining Landlord’s written consent, provided upon such consent Landlord reserves the right

to require its designated locksmith install a designated type of lock at Tenant’s reasonable expense; and in any case

Landlord shall at all times maintain a duplicate or pass key (unless Landlord in its sole discretion elects otherwise).

Tenant acknowledges receipt of one (l) set of keys to the Premises and agrees to return the same at the end of the

Lease, together with any duplicates made. Tenant authorizes Landlord to replace any lost keys that are not returned at

the end or sooner termination of this Lease, and Landlord may use the Security Deposit to cover the cost thereof.

8. ALTERATIONS AND IMPROVEMENTS

: Tenant agrees to not make any alterations or

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improvements to the Premises without Landlord's prior written consent, which consent Landlord is not

obligated to give

and which consent may be unreasonably withheld.

9. ANIMALS

: Tenant agrees to not keep any animals on the Premises without Landlord's prior written

consent, which consent Landlord is not

obligated to give and which consent may be unreasonably withheld. In the event

Landlord consents to Tenant having an animal on the Premises, Tenant agrees to have the Premises professionally

cleaned and treated for infestation at the end of this Lease at his own expense; failing which Landlord may apply the

Security Deposit toward such expense.

10. INSPECTION OF PREMISES

: Tenant understands Landlord has a right to enter and inspect the

Premises from time to time during reasonable daytime hours, and to enter the Premises to make necessary repairs,

alterations, and improvements and Tenant agrees to not unreasonably withhold his consent for Landlord's entry and

inspection. Tenant agrees Landlord may enter the Premises at any time either in case of an emergency to protect or

preserve the Premises or if Tenant unreasonably withholds his consent for Landlord to enter and inspect the Premises.

11. ASSIGNMENT AND SUBLETTING

: Tenant agrees to not assign this Lease and to not sublet the

Premises without Landlord's prior written consent, which consent the Landlord is not

obligated to give and which consent

may be unreasonably withheld.

12. DAMAGE TO PREMISES BY FIRE OR OTHER CASUALTY

: Landlord agrees that in the event the

Premises are damaged by fire or other casualty, not caused by negligence on the part of Tenant, Tenant's family,

employees, or visitors, Landlord will promptly repair the damages and rent shall not be paid until the Premises are

tenantable. If the damages exceed $5,000.00, Landlord or Tenant may cancel the Lease and the rent for the week of the

casualty shall be prorated.

13. UTILITIES: Tenant agrees to arrange for and pay for all utilities and services, including without

limitation, electricity, telephone, gas, water, cable, and pest extermination (monthly); and including the hook-up,

connection and deposit costs or charges relating thereto.

14. DISPLAY OF SIGNS AND EXHIBITION: Tenant agrees to not unreasonably withhold his consent

for Landlord to exhibit the Premises to prospective or actual purchasers or tenants and during the term of this Lease,

Landlord may display either a "FOR RENT" or "FOR SALE" sign on the Premises. Upon reasonable telephone notice,

Tenant shall make the Premises available to Landlord or Landlord's agent for the purpose of showing the Premises to

prospective purchasers and Tenant shall cause the Premises to have a neat and clean appearance at such times that the

Premises are to be so shown.

15. SURRENDER OF PREMISES

: At the end of this Lease, Tenant agrees to surrender the Premises to

Landlord in as good condition as they were at the beginning of this Lease, reasonable use and wear excepted.

16. DEFAULT AND TERMINATION

: If Tenant fails to comply with the provisions of this Lease, except

Tenant's non-payment of rent, this Lease may be terminated by the Landlord if the non-compliance is not corrected

within seven (7) days after delivery of a written notice to the Tenant specifying the non-compliance and indicating the

intention of terminating this Lease if the correction is not made. Tenant agrees that if he does not pay the rent when due

and if he does not pay the rent within three (3) days (excluding Saturdays, Sundays and Holidays) after receipt of

Landlord's written demand for payment or possession of the Premises, Landlord may terminate this Lease. Tenant agrees

that such termination shall not discharge any obligation to pay for rent and damages accrued or accruing under this

Lease. Tenant’s failure to timely vacate and surrender the Premises upon any termination or expiration of the Term of

the Lease shall permit Landlord to pursue all remedies permitted herein and at law and equity, including without

limitation an action to evict and regain possession of the Premises under Chapter 83, Florida

Statutes.

17. LATE FEES, INTEREST, BAD CHECKS: Tenant agrees to pay a late fee of the greater of $50.00 or

five (5%)of any aggregate rent or additional rent not timely paid in full, such late fee being payable in good, collected

funds within seven (7) days of the date when same is due. All amounts payable by Tenant to Landlord as rent shall bear

interest at the annual rate of eighteen (l8%) percent from the date due (or the maximum lesser rate if otherwise mandated

by law). Neither the late fee nor the interest charge shall be exclusive of any other remedies permitted hereunder or by

law. A bad check fee in the amount of $20.00 (provided such amount shall not exceed the greater of $20.00 or 5% of

the rental payment due hereunder per week) if Tenant makes any payment of rents hereunder with a bad check (that is, a

check returned for insufficient funds or otherwise not collected in due course upon deposit for any reason whatsoever

other than a banking error on the part of Landlord’s bank). In case of any such bad check payment, even where cured by

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Tenant, Landlord expressly reserves the right in Landlord’s sole discretion to require Tenant to pay all future rents and

charges under this Lease in cash or by money order; in which event Tenant hereby expressly agrees and covenants that

Tenant shall do so.

18. ABANDONMENT

: If at any time during this Lease Tenant abandons the Premises and the rent is not

current, Tenant agrees Landlord may retake possession of the Premises. Tenant agrees Landlord may also take

possession of any personal property left in the abandoned premises and may sell or dispose of the personal property at

private or public sale or in any manner Landlord deems proper, subject to applicable law. The proceeds from the sale or

disposal shall be applied to any amounts Tenant owes under this Lease, subject to applicable law. In case of a reletting of

the Premises by Landlord after default and/or abandonment by Tenant, Tenant agrees to be liable for the difference

between any rent collected under the reletting of the Premises and the amount that would have had to be paid as rent;

provided, under no circumstances shall Landlord be liable to Tenant for any excess collected. Notwithstanding the

foregoing, however, under no circumstances shall Landlord be obligated to relet the Premises, to attempt to relet the

Premises or to otherwise attempt to mitigate any damages which Landlord may suffer as a consequence of the Tenant's

default. Subject to applicable law, Tenant agrees that the Security Deposit shall be released to Landlord and shall be

applied to any amounts owed under this Lease.

19. ATTORNEYS' FEES AND COSTS

: Tenant understands that in connection with any litigation arising

out of this Agreement, including appeals, the prevailing party shall be entitled to recover all costs incurred, including

reasonable attorneys' fees.

20. QUIET ENJOYMENT

: Landlord covenants and agrees with Tenant that upon Tenant's paying the rent

and observing and performing all the terms, covenants and conditions on Tenant's part to be performed and observed,

Tenant may peaceably and quietly enjoy the Premises subject, nevertheless, to the terms and conditions of this Lease, and

all zoning restrictions, conditions, limitations, easements and encumbrances now or hereafter affecting the Premises.

21. HOLDING OVER

: If Tenant shall be in possession of the Premises after the expiration or sooner

termination of this Lease, in the absence of any written agreement extending the term hereof, the tenancy under this

Lease shall become, at Lessor's option, a tenancy at sufferance, and Lessor shall be entitled to double rent.

22. INDEMNIFICATION AND HOLD HARMLESS

: Tenant hereby agrees to pay all costs of Landlord's

defense, and to indemnify and hold Landlord harmless from and against any and all claims, demands, suits, actions and

judgments of any kind or nature and from damages whether compensatory, punitive or otherwise, resulting from or in

connection with loss of life, bodily or personal injury or property damage arising, directly or indirectly, out of or from or

on account of any occurrence in, upon, or from the Premises or occasioned through the use and occupancy of the

Premises, or by any act, omission or negligence of Tenant or Tenant's agents, family, contractors or invitees, in, upon, at

or from the Premises, or any part thereof, or in the common areas thereof. TENANT ACKNOWLEDGES AND

AGREES THAT THE LANDLORD IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR THEFT OF, OR

DAMAGE TO, ANY PERSONAL PROPERTY OR EFFECTS, INCLUDING WITHOUT LIMITATION,

MONEY, COINS, JEWELRY, CLOTHING, ROOM DECORATIONS, ELECTRONIC DEVICES, ART,

MEMENTOS, COLLECTIBLES, AND FURNITURE (“LOSSES”). TENANT ACKNOWLEDGES AND

AGREES THAT THE LANDLORD IS NOT AN INSURER AGAINST SUCH LOSSES. TENANT EXPRESSLY

RELEASES THE LANDLORD FROM ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR RELATED

TO SUCH LOSSES. TENANT IS ENCOURAGED TO SECURE RENTER’S INSURANCE TO PROTECT

AGAINST THESE LOSSES.

23. INSURANCE

: (Choose one)

_____ Tenant shall not be required to provide liability insurance.

_____ Throughout the term of this Lease, Tenant shall pay all premiums for liability insurance coverage on the

Premises, in such amount and with such companies as may be determined prudent and adequate by Landlord. Landlord

shall be named as an insured on all said insurance and shall be provided with a certificate of said coverage. Any

insurance procured by Tenant as herein required shall be issued in the name of Landlord and Tenant by a company

licensed to do business in the state in which the Premises is located and shall contain endorsements that: (a) such

insurance may not be cancelled or amended with respect to Landlord without thirty (30) days written notice by certified

mail, return receipt requested, to Landlord by the insurance company; (b) Tenant shall be solely responsible for payment

of premiums and Landlord shall not be required to pay any premiums for such insurance; and (c) in the event of payment

of any loss covered by such policy, Landlord shall be paid first by the insurance company for its loss. The original policy

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of all such insurance shall be delivered to Landlord prior to the commencement of the term of the Lease.

24. NON-RECOURSE

: Tenant specifically agrees to look solely to the Landlord's interest in the Premises

for the recovery of any judgment, claim, liability or damages against the Landlord or against any of its affiliates, partners,

trustees, officers, shareholders, directors, agents, or attorneys (hereafter the "Landlord and Others"). None of the

Landlord and Others shall ever be personally liable for any such judgment, claim, liability or damages.

25. SALES TAX

: Tenant hereby agrees to pay to Landlord, together with the weekly payment of rent, any

tax in the form of sales, rent or use tax on said weekly rental payments, as the same may be required under Florida law.

26. SUBORDINATION

: This Lease shall be subordinate and inferior to the interests and liens of any

existing or future mortgagee in or upon the Premises or the larger property or tract of which it is a part and/or the

underlying land thereof (the “Subordination”), and Tenant agrees to fully recognize the rights and interests of any such

existing or future mortgagee who may succeed to ownership of, or an ownership interest in, the Premises or such

property or improvements. The Subordination shall be automatically effective and self-operative without necessity of

any further writing from Tenant; provided, nonetheless, Tenant shall from time to time, if requested to do so, execute

any instruments necessary to effectuate the Subordination.

27. LIENS

. Tenant shall not have the right or authority to encumber the Premises or to permit any person

to claim or assert any lien for the improvement or repair of the Premises made by Tenant; all such liens or encumbrances

being hereby expressly prohibited. 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.

28. NO BROKERS

: Tenant represents and warrants that there was no broker instrumental in

consummating this Lease; no broker was the procuring cause hereof, and no conversations or prior negotiations were had

by Tenant with any broker concerning this Lease or the provisions hereof (any such broker or conversations or

negotiations, if they had taken place, would be referred to as “Broker Discussions”), other than with Landlord and

Landlord’s managing agent. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against

any and all liabilities, including attorneys' fees and costs incurred through all levels of proceedings, arising from or in

connection with any Broker Discussions had by Tenant.

29. NOTICE

: Any notice under this Lease must be in writing and sent by certified mail, return receipt

requested, to the last address of the party to whom the notice is to be given, as designated by such party in writing.

Initially, Landlord’s and Tenant’s notice addresses, respectively, shall be as set out at the commencement of this Lease;

provided Landlord shall always be entitled to deliver effective notice hereunder to the Premises (including through

posting or hand-delivery to the Premises).

30. MISCELLANEOUS: Time is of the essence of the Lease. 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. The agreements contained in the Lease set forth

the complete understanding of the parties and may not be changed or terminated orally. The parties acknowledge that

there are no other promises, agreements, conditions, undertakings, warranties, or representations, oral or written, express

or implied, between and among them, except as set forth, referenced, or incorporated herein. This Lease shall not be

modified except only as set forth in a writing duly signed by all the parties hereto. In the event any provision of this

Lease is prohibited, unenforceable or invalid under the laws of any jurisdiction, including those of the State of Florida,

such prohibition, unenforceable or invalid provision shall not in any fashion affect the enforceability or validity of the

remaining provisions hereof. No delay or omission by any party to exercise any right, power or remedy available under

this Lease shall be deemed to impair any such right, power or remedy or to constitute a waiver of or acquiescence in any

breach or default of any other party hereto. All questions concerning the meaning, execution, construction, effect,

validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. This Lease shall be governed

by the laws of the State of Florida. Jurisdiction and venue for any litigation arising out of or in connection herewith shall

lie and be exclusively in the County Court or the Circuit Court of Walton County, Florida. Landlord and Tenant will use

good faith in performing their obligations under the Lease. This Lease shall not be construed more strictly against one

party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties.

NO AGREEMENT TO ACCEPT SURRENDER OF THE PREMISES FROM TENANT WILL EVER BE VALID

UNLESS IN WRITING AND SIGNED BY LANDLORD, EXPRESSLY INDICATING LANDLORD ACCEPTS

SUCH A SURRENDER. THIS LEASE SHALL NOT

BE RECORDED IN THE PUBLIC RECORDS AND ANY

ATTEMPT TO DO SO SHALL BE VOID AB

INITIO.

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31. RADON

: Section 404.056 (6), Fla. Stat., requires the inclusion of the following "Notification on Real

Estate Documents" at the time of, or prior to, contract for sale and purchase of any building or execution of a rental

agreement for any building: "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."

32. WAIVER OF TRIAL BY JURY

. THE PARTIES HEREBY WAIVE TRIAL BY JURY

IN ANY ACTION, PROCEEDING OR NON-COMPULSORY COUNTERCLAIM BROUGHT BY

ANY PARTY AGAINST ANY OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR

IN ANY WAY CONNECTED WITH THIS LEASE, THE PREMISES, THE USE OR OCCUPANCY

OF THE PREMISES AND/OR THE RELATIONSHIP OF THE PARTIES CREATED HEREBY.

33. LEAD-BASED PAINT

: Completed if the dwelling was built before January 1, 1978:

Lead Warning Statement

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. Tenants must also receive a

federally approved pamphlet on lead poisoning prevention.

Landlord'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)__xx__Landlord 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)____Landlord has provided the Tenant with all available records and reports pertaining to

lead-based paint and/or lead-based paint hazards in the housing (list documents below).

(ii)_xx___Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint

hazards in the housing. [If neither (i) nor (ii) above is checked, item (ii) is deemed to have been

checked].

Tenant's Acknowledgment (initial)

_________(c) Tenant has received copies of all information listed above.

_________(d) Tenant has received the pamphlet Protect Your Family From Lead in Your Home.

Agent's Acknowledgment (initial)

__N/A – NO AGENT INVOLVED

___(e) Agent has informed the Landlord of the Landlord's

obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties (executing below) have reviewed the information above and certify, to the best

of their knowledge, that the information provided by the signatory is true and accurate.

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IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement on the day

and year first above written.

Witnesses:

"Landlord"

_________________________________ _______________________________

Witness

_________________________________

Witness

"Tenant"

_________________________________ ________________________________

Witness

_________________________________ ________________________________

Witness

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Security Deposit Notification

This Security Deposit Notification is given pursuant to Chapter 83, Florida

Statutes, and is

given immediately after (and in any case within thirty [30] days after) the date of execution

and delivery of the Lease and Security Deposit described below, respecting the Landlord and

Tenant described below, and respecting the Premises described below:

LANDLORD:

TENANT:

PREMISES:

SECURITY

DEPOSIT

(TOTAL): $

FINANCIAL OR DEPOSITORY INSTITUTION HOLDING SECURITY DEPOSIT:

NAME OF INSTITUTION:

ADDRESS OF INSTITUTION:

NOTIFICATION

: Tenant is hereby notified by receipt in person of this writing, that: The

Security Deposit (i) is commingled with the security deposits of other tenants and is held in a

separate, non-interest bearing account with a Florida banking institution for the benefit of

Tenant; and therefore there is no applicable interest rate or timing of payment of interest

thereon of which to advise, (ii) is held at a depository or financial institution, the name and

address of which is specified above, and (iii) is governed, among other provisions, by Section

83.49(3), Florida Statues, a copy of which is attached.

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“83.49 Deposit money or advance rent; duty of landlord and tenant. ...

(3)(a) Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days

to return the Security Deposit together with interest if otherwise required, or in which to give the tenant

written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a

claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in

substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon

your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida

Statutes. You are hereby notified that you must object in writing to this deduction from your

security deposit within 15 days from the time you receive this notice or I will be authorized

to deduct my claim from your security deposit. Your objection must be sent to (landlord's

address) .

If the landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose

a claim upon the security deposit.

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15

days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the

amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date

of the notice of intention to impose a claim for damages.

right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable

fee for his or her attorney. The court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in

this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all

other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other

landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance.

This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida

Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit

money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).”

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Form Information

Fact Name	Description
Governing Law	This agreement is governed by Chapter 83, Part II, of the Florida Statutes, known as the Residential Landlord and Tenant Act.
Security Deposit	The landlord must hold the security deposit in a non-interest bearing account for the tenant's benefit and must notify the tenant about the deposit within a specified time frame.
Rent Payment	Rent is due weekly and must be paid in advance every Monday at the specified address. Late fees may apply if payment is not received on time.
Use of Premises	The tenant must use the premises solely as a private single-family residence and must not disturb the neighborhood or violate any rules set by the landlord.
Inspection Rights	The landlord has the right to enter and inspect the premises during reasonable hours for maintenance, repairs, or in case of an emergency.

Detailed Guide for Filling Out Florida Residential Agreement

Filling out the Florida Residential Agreement form is a crucial step for both landlords and tenants to establish clear expectations and responsibilities. This form outlines the terms of the rental agreement, including payment details, duration, and conditions of the property. Completing it accurately ensures that both parties understand their rights and obligations throughout the lease period.

Start with the date: Write the day, month, and year at the top of the form where indicated.
Landlord Information: Fill in the name of the landlord or their agent and the notice address where they can be reached.
Tenant Information: Provide the tenant's name, employer, office telephone number, home telephone number, and the address of the premises being rented.
Term of Lease: Indicate the start date of the lease and choose the term (week to week or specify the end date).
Rent Details: Write the amount of rent due per week and ensure it includes any applicable sales tax.
Occupants: Specify the number of adults, children, and pets (if any) that will occupy the premises.
Deposits: Enter the amounts for the security deposit and pet deposit, if applicable, as well as any advanced rent.
Payment Address: Clearly indicate where the rent should be sent, typically the landlord's address or designated payment address.
Condition of Premises: Confirm whether the premises are furnished or unfurnished and note any included items.
Signatures: Both the landlord and tenant should sign and date the agreement at the end of the form to make it valid.

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What is the Florida Residential Agreement form?

The Florida Residential Agreement form is a legal document that outlines the terms and conditions of a rental agreement between a landlord and tenant in Florida. It establishes the rights and responsibilities of both parties, ensuring that both the landlord and tenant understand their obligations. This form is governed by Chapter 83, Part II of the Florida Statutes, known as the Residential Landlord and Tenant Act.
What are the key components of the lease agreement?

The lease agreement typically includes the following components:
- Parties Involved: Identification of the landlord and tenant.
- Premises: Description of the rental property.
- Term: Duration of the lease, including start and end dates.
- Rent: Amount of rent due and payment schedule.
- Security Deposit: Amount and conditions for the return of the deposit.
- Use of Premises: Restrictions on how the property can be used.
- Maintenance Responsibilities: Obligations of the tenant regarding property upkeep.
How is the security deposit handled?

The security deposit is collected by the landlord to cover potential damages or unpaid rent. Upon vacating the premises, the landlord must return the deposit within fifteen days, unless there are claims against it. If there are claims, the landlord must notify the tenant by certified mail, detailing the reasons. The tenant has fifteen days to respond to any claims before the landlord can retain the deposit.
What happens if the tenant fails to pay rent?

If the tenant does not pay rent on time, the landlord may impose a late fee and can terminate the lease if the rent remains unpaid after a specified period. The tenant has three days to pay the overdue rent after receiving a written demand from the landlord. Failure to comply may lead to eviction proceedings.
Can the tenant make alterations to the premises?

The tenant must obtain written consent from the landlord before making any alterations or improvements to the property. This requirement ensures that the landlord has control over changes that could affect the property's value or integrity.
What rights does the landlord have regarding property inspections?

The landlord has the right to enter and inspect the premises during reasonable hours, provided they give the tenant notice. In emergencies, the landlord can enter without prior notice. This right is essential for maintaining the property and ensuring compliance with lease terms.

Common mistakes

Filling out the Florida Residential Agreement form can be straightforward, but several common mistakes can lead to complications. Understanding these pitfalls can save both landlords and tenants from future disputes.

One frequent error is failing to specify the term of the lease correctly. Whether the lease is week-to-week or for a fixed term, clarity is crucial. If the start and end dates are left blank or incorrectly filled, it may lead to misunderstandings about the duration of the tenancy.

Another common mistake involves the incomplete identification of tenants. All adult occupants should be listed clearly. Omitting a roommate or partner could result in unauthorized occupants, which may violate the lease terms and lead to eviction proceedings.

People often neglect to include the security deposit amount. This omission can create confusion about financial responsibilities. Tenants should ensure the exact figure is stated, as it affects both the initial payment and the return process at the end of the lease.

Some tenants mistakenly assume that they can make changes to the premises without consent. This is a violation of the lease terms. Any alterations must be documented and approved in writing by the landlord to avoid disputes over damages or unauthorized modifications.

Misunderstanding the payment terms is another frequent issue. Tenants should clearly note the rent amount and payment schedule. Failing to do so can lead to late fees and potential eviction if payments are missed or miscalculated.

Additionally, tenants sometimes forget to provide accurate contact information. This includes both home and work phone numbers. Accurate contact details are essential for timely communication regarding repairs, inspections, or any lease-related issues.

Another mistake is not acknowledging the rules regarding pets. If a tenant plans to have pets, they must seek the landlord's written consent and understand any associated fees. Failing to address this can lead to conflicts and potential eviction if pets are discovered without permission.

Lastly, neglecting to read the entire lease agreement can be detrimental. Tenants should ensure they understand all terms, conditions, and obligations outlined in the document. Ignorance of the lease's provisions can lead to unintentional violations and disputes.

Documents used along the form

The Florida Residential Agreement form is a crucial document for landlords and tenants, outlining the terms of the lease. Alongside this agreement, several other forms and documents are commonly utilized to ensure a smooth rental process. Below are a few key documents that often accompany the Florida Residential Agreement.

Security Deposit Notification: This document informs tenants about the handling of their security deposit. It outlines the amount, the conditions under which it may be withheld, and the timeline for its return after the lease ends.
Rental Application: A rental application is typically completed by prospective tenants. It collects personal information, employment history, and references, helping landlords assess the suitability of applicants.
Lease Addendum: A lease addendum is an additional document that modifies or adds to the original lease agreement. It can cover specific rules, pet policies, or any other unique conditions agreed upon by both parties.
Move-In/Move-Out Checklist: This checklist is used to document the condition of the property at the time of move-in and move-out. It helps prevent disputes over damages and ensures both parties agree on the state of the premises.

These documents serve to clarify expectations and protect the rights of both landlords and tenants. Utilizing them can lead to a more organized and transparent rental experience.

Similar forms

Commercial Lease Agreement: Similar to the Florida Residential Agreement, a commercial lease outlines the terms for renting commercial property. Both documents specify the responsibilities of landlords and tenants, including payment of rent, maintenance obligations, and conditions for termination.
Roommate Agreement: A roommate agreement details the responsibilities and rights of individuals sharing a rental property. Like the Florida Residential Agreement, it addresses rent payment, maintenance duties, and rules for the shared living space, ensuring clarity among all parties involved.
Rental Application: A rental application is a preliminary document that potential tenants fill out to express interest in renting a property. It gathers information about the applicant's background and financial status, similar to the Florida Residential Agreement, which requires tenants to provide personal and financial details for lease consideration.
Lease Termination Notice: A lease termination notice is a formal document that one party sends to terminate a lease agreement. It shares similarities with the Florida Residential Agreement in that it outlines the conditions under which a lease can be ended, including notice periods and reasons for termination.
Security Deposit Agreement: This document outlines the terms regarding the security deposit required from tenants. It is similar to the Florida Residential Agreement in that it specifies the amount, conditions for return, and situations that could lead to deductions from the deposit.

Dos and Don'ts

When filling out the Florida Residential Agreement form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:

Do provide accurate and complete information for both the landlord and tenant sections.
Don't leave any sections blank; incomplete forms can lead to misunderstandings later.
Do read the entire agreement carefully before signing to understand your obligations.
Don't sign the agreement if you disagree with any terms; negotiate changes before finalizing.

Misconceptions

Misconception 1: The lease agreement is just a formality and doesn’t hold any real weight.

This is false. The Florida Residential Agreement form is a legally binding document. It outlines the rights and responsibilities of both the landlord and tenant. Ignoring its terms can lead to serious legal consequences.

Misconception 2: Tenants can make changes to the property without permission.

This is not true. Tenants must obtain written consent from the landlord before making any alterations or improvements to the premises. Unauthorized changes can result in penalties or loss of security deposits.

Misconception 3: The security deposit is automatically refundable at the end of the lease.

That’s a common misunderstanding. The landlord is required to return the security deposit within a specific timeframe, but only if there are no claims against it. If there are damages or unpaid rent, deductions may be made.

Misconception 4: Landlords can enter the property whenever they want.

This is incorrect. While landlords have the right to enter the premises for inspections or repairs, they must provide reasonable notice and cannot enter without consent unless it’s an emergency.

Misconception 5: The lease agreement can be changed verbally at any time.

This is misleading. Any modifications to the lease must be documented in writing and signed by both parties. Verbal agreements are not legally enforceable, and relying on them can lead to disputes.

Key takeaways

When filling out and using the Florida Residential Agreement form, consider these key takeaways:

Understand Legal Obligations: This lease imposes significant legal responsibilities governed by Florida's Residential Landlord and Tenant Act.
Complete Accurate Information: Ensure all sections, including landlord and tenant details, are filled out accurately to avoid disputes later.
Security Deposits: Know that security deposits must be held in a separate account and returned within 15 days after lease termination, barring any claims.
Maintenance Responsibilities: Tenants must maintain the premises in good condition, including routine upkeep like changing air filters and disposing of garbage properly.
Entry Rights: Landlords have the right to enter the premises for inspections or repairs, provided they give reasonable notice to tenants.
Alterations and Pets: Tenants cannot make alterations or keep pets without prior written consent from the landlord, which may be unreasonably withheld.
Late Fees and Payment Terms: Be aware of late fees for overdue rent and the requirement to pay rent on time to avoid lease termination.