What Is a Lease Agreement?
A lease agreement is a contract that establishes the terms under which a tenant occupies a landlord's property. It specifies the rent amount, payment schedule, lease term, security deposit, maintenance responsibilities, and the rights and obligations of both parties. A lease can be for residential or commercial property.
Florida Residential Lease Law
Florida residential leases are governed by the Florida Residential Landlord and Tenant Act, Chapter 83, Part II, Florida Statutes. Key provisions:
- Written vs. oral — Leases for more than one year must be in writing under Florida's Statute of Frauds. Oral leases for one year or less are enforceable but harder to prove.
- Security deposits — The landlord must hold the deposit in a separate account (or post a surety bond) and provide written notice of the deposit terms within 30 days of receipt.
- Maintenance obligations — The landlord must maintain the premises in compliance with building, housing, and health codes. The tenant must keep the unit clean and avoid damage beyond normal wear.
- Notice requirements — A month-to-month tenancy requires 15 days' written notice to terminate. A week-to-week tenancy requires 7 days' notice.
- Eviction process — The landlord must provide proper notice (3-day, 7-day, or 15-day depending on the violation) before filing an eviction action in county court.
Essential Lease Terms
- Parties — Full legal names of landlord and tenant.
- Property description — Address and unit number of the rental property.
- Lease term — Start date, end date, and renewal provisions.
- Rent — Amount, due date, acceptable payment methods, and late fee terms.
- Security deposit — Amount, holding method, and return conditions.
- Maintenance — Who is responsible for repairs, landscaping, pest control, etc.
- Restrictions — Pet policies, guest policies, subletting rules, and noise provisions.
- Termination — Early termination penalties, notice requirements, and holdover provisions.
Related Terms
- Security Deposit — Deposit held by the landlord during the lease
- Commercial Lease — Lease for business property, different rules apply
- Leasehold Estate — The tenant's interest in the property during the lease
- Tenant — The party who occupies the property under the lease
Barnes Walker Lease Services
Barnes Walker's real estate attorneys draft and review residential and commercial lease agreements for landlords and tenants throughout Southwest Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC