Rental Agreements

The term “rental agreement,” is defined under Section 83.43(7) of the Florida Residential Landlord And Tenant Act, to mean, 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.

Never Use a Generic Boilerplate Rental Agreement

When it comes to defending a contested eviction lawsuit in county court, a detailed and well written Florida specific rental agreement, is a landlord’s best defense. And that’s exactly why; you should never use one of those generic boilerplate rental agreements that are available for sale, on the Internet. First off, ninety-nine percent of all standard rental agreements are not in compliance with the Florida Statutes. Secondly, they do little or nothing, to protect the rights of Florida landlords, against sue-happy tenants and predatory plaintiffs’ attorneys. The residential rental agreement that you use, must:
1. Be in compliance with the Florida Statutes.
2. Be enforceable in a Florida court.
3. Protect your rights as a landlord.

Four Clauses Required to be in Residential Rental Agreements

You could have an ironclad rental agreement, that fully protects your rights as a landlord, but it wouldn’t be enforceable in court, if it didn’t contain the following four clauses, which are required by Florida Statutes, to be in all residential rental agreements:

1. Section 83.49(3)(a) of the Florida Residential Landlord and Tenant Act, requires that all rental agreements include the following clause:
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).

2. Section 83.595(4) of the Florida Residential Landlord and Tenant Act, requires that all rental agreements include the following clause:
[ ] I agree, as provided in the rental agreement, to pay $_____ (an amount that does not exceed 2 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.

3. Section 83.67(5) of the Florida Residential Landlord and Tenant Act, requires that all rental agreements include the following clause:
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.

4. Section 404.056(5) of the Florida Statutes, requires that all rental agreements include the following clause:
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 public health unit.

In chapter six of The Florida Landlord's Manual, you learn clause-by-clause, what to include in your rental agreement, so your rights as landlord are fully protected. There’s also a six-page sample rental agreement, which you can download for free, and customize for your own use.