Florida Residential Lease — Chapter 83 Landlord Guide

Types of residential tenancies in Florida

Florida recognizes four types of residential tenancies, each with different notice requirements:

A fixed-term lease automatically converts to a month-to-month tenancy if the tenant remains and the landlord accepts rent after the lease expires, unless the lease states otherwise. For Canadian snowbird owners renting long-term, a 12-month fixed lease with a clear end date is preferable to avoid holdover complications.

Required disclosures and clauses

Florida law does not mandate a specific lease form, but several disclosures are legally required:

• Security deposit disclosure (F.S. §83.49) — The lease must state where the deposit is held (bank name and address), whether it is commingled or in a separate account, and whether interest will be paid on it.
• Landlord's address — The lease or a separate written notice must provide an address where the tenant can send notices and legal process (F.S. §83.50).
• Radon disclosure — All Florida leases must include the statutorily required radon gas warning: "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."
• Lead-based paint disclosure — Required for properties built before 1978 (federal law, applies nationwide).
• HOA rules — If the property is in an HOA or condo association, the tenant must receive a copy of the community rules (F.S. §718.112, §720.401).

Landlord duties under Chapter 83

F.S. §83.51 imposes non-waivable habitability duties on landlords regardless of what the lease says. The landlord must:

• Comply with applicable building, housing, and health codes materially affecting tenant health/safety
• Maintain roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and structural components
• Maintain plumbing in reasonable working condition
• Maintain heating, cooling, electrical systems, and appliances supplied by the landlord
• Provide functioning locks and keys
• Maintain extermination of rodents, ants, wood-destroying organisms, and bedbugs
• Remove garbage receptacles (or provide facilities for removal)

The tenant's remedy for landlord failure: serve a written 7-day notice requiring repair. If not repaired within 7 days, the tenant may terminate the lease or deduct repair costs from rent (limited to one month's rent per repair instance). This right cannot be waived by lease — any clause purporting to waive it is void under F.S. §83.47.

Tenant duties and prohibited clauses

F.S. §83.52 imposes corresponding duties on tenants: pay rent on time; maintain the unit in a clean and sanitary condition; remove garbage; comply with applicable housing codes; not destroy, deface, damage, or remove landlord's property; and comply with HOA rules if applicable.

Clauses that are void and unenforceable under F.S. §83.47 regardless of tenant signature:

• Waiver of landlord's duty to maintain habitable conditions
• Waiver of tenant's right to terminate for landlord's failure to maintain
• Confession of judgment clauses (pre-signing away right to defend in court)
• Exculpatory clauses waiving landlord's liability for negligence
• Authorization for landlord to interrupt utilities

Landlord right of entry

Under F.S. §83.53, the landlord may enter the dwelling unit only at reasonable times and with at least 12 hours' advance notice except in emergencies. Reasonable times are defined as between 7:30 a.m. and 8:00 p.m. The landlord may enter to:

• Inspect the premises
• Make necessary or agreed repairs, decorations, alterations, or improvements
• Supply agreed services
• Show the unit to prospective or actual purchasers, mortgagees, or tenants

The tenant may withhold consent to entry only in extreme circumstances. If the landlord makes unreasonable or repeated entries, the tenant may terminate the lease or seek court relief. For Canadian owners managing remotely, always have property manager entry documented in writing with proper notice — undocumented or surprise entries are a common source of tenant complaints and legal exposure.

Canadian-owner tips for drafting Florida leases

• Use a Florida-specific form — The Florida Realtors Association and Florida Bar publish approved residential lease forms. Generic leases from legal document websites often omit required Florida disclosures (radon warning, security deposit notice, landlord address). A missing required disclosure can expose you to tenant counterclaims.
• State your address clearly — F.S. §83.50 requires a disclosed address for service of notices. Use your property manager's Florida address if you are managing remotely.
• Specify pets policy precisely — If pets are prohibited, say so clearly. If pets are permitted, specify species, weight limits, and pet deposit (non-refundable pet fees are treated differently from security deposits in Florida).
• Automatic renewal clause — Include a clause that if the lease expires without renewal, the tenancy continues as month-to-month. This prevents holdover ambiguity.
• CAD vs USD — State that all monetary amounts in the lease are in U.S. dollars. Never denominate rent in Canadian dollars for a Florida property.