Florida Rental Agreements
What section of the Florida Statutes applies to commercial landlord-tenant relationships?
You can find the Florida landlord-tenant law in Florida Statutes, Chapter 83. It consists of three parts. Part I discusses nonresidential or commercial tenancies. Part II discusses residential tenancies, while Part III discusses self-service storage space. It is essential to understand the rights and duties of tenants as per the property management laws in Florida, except you are interested in buying investment property in FL.
What Is the Difference Between a Lease and a Rental Agreement?
This agreement is an essential aspect of Florida property and real estate laws. A rental agreement is a written contract for a short-term tenancy, and the landlord may change the rental terms and rent amount after giving the tenant notice.
On the other hand, a lease agreement is a written contract for a fixed-term, usually six months or a year or more. It is key to real estate asset protection in Florida because a tenant often has greater protections under this kind of agreement since the landlord is prevented from changing the terms until the lease expires.
Does A Rental Agreement Need to Be in Writing?
No, it doesn’t. An oral lease agreement is valid for a year or less. For most states, when there is no term stated in the lease agreement or verbal agreement, the tenancy is assumed to be month-to-month.
However, there might be issues if the state does recognize an oral rental agreement because both parties might disagree on what they understood to be terms of the contract.
What Terms Should a Rental Lease Agreement Include?
- Names of the parties involved (landlord and tenant)
- Description of the property, including the address of the rental unit and apartment number
- Term of the rental (fixed-term or month-to-month), including move in and move out dates
- Amount of rent and payment terms
- Who is responsible for utility bills
- Amount of the security deposit
- Whether the tenant can have pets
- Any “house rules,” including rights and responsibilities in common spaces and quiet hours
- Parking space information
- Rules for overnight guests
- Limitations on assignment of the lease (subletting)
- Number of people who can live in the rental unit
- Under what conditions the landlord may enter the unit
- How disputes will be handled
What Should Be Excluded from a Rental Agreement?
- The exclusion of tenants because of race, color, national origin, or sex
- The exclusion of children except the property is a senior housing facility
- The waiver of legal remedies
- Any waiver of the right to get a refund of the security deposit
- The waiver of the duty for the landlord to keep the premises habitable
- The waiver of the duty for the landlord to mitigate damages
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