Fill - Free fillable Florida Residential Lease Agreement PDF form

Tenant(s): ______, ______, ______, ______ Landlord(s) or Landlord Representative: ______, ______ Page 1

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Florida Residential Lease Agreement

This Lease Agreement (hereinafter referred to as the “Agreement”) made and entered

into this ____________ day of ____________________________, 20____, by and between

__________________________________________________________, whose address is

______________________________________________________________ (hereinafter

referred to as “Landlord”) and ____________________________________________________

(hereinafter referred to as “Tenant”).

Witnesseth:

Whereas, Landlord is the fee owner of certain real property being, lying and situated in

_______________________ County, Florida, such real property having a street address of

________________________________________________________________ (hereinafter

referred to as the “Premises”).

Whereas, Landlord desires to lease the Premises to Tenant upon the terms and conditions as

contained herein; and

Whereas, Tenant desires to lease the Premises from Landlord on the terms and conditions as

contained herein;

Now, Therefore, for and in consideration of the covenants and obligations contained herein

and other good and valuable consideration, the receipt and sufficiency of which is hereby

acknowledged, the parties hereto hereby agree as follows:

I. Rental Payment schedule. Under the terms of this Agreement, “Rent” shall consist of all

monetary obligations owed to Landlord by Tenant in accordance with this Agreement.

However, the Damage Deposit shall not be considered Rent. Tenant shall pay to Landlord

__________________________________________________________________________

__ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due

date for Rent payment shall be the 1st day of each calendar month and shall be considered

advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue

and delinquent on the 2nd day of each calendar month. In the event that the Commencement

Date is not the 1st of the calendar month, Rent payment remitted on the Commencement

Date shall be prorated based on a 30-day period.

Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: ____

personal check, ____ money order, ____ cashier’s check, or ____ other:

________________________________________. Payment shall be made to Landlord under

the following name and address:

__________________________________________________________________________

___________________________________.

II. Lease Duration period. This Agreement shall commence on ________________________

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(“Commencement Date”). This Agreement shall continue as a lease for term. The termination

date shall be on (date) ___________________ at 11:59 PM. Upon termination date, Tenant

shall be required to vacate the Premises unless one of the following circumstances occur: (i)

Landlord and Tenant formally extend this Agreement in writing or create and execute a new,

written, and signed agreement; (ii) local rent control law mandates extension of the tenancy;

or (iii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due

Rent. In the event that Landlord accepts from Tenant new rent, a month-to-month tenancy

shall be created. Either party may terminate this month-to-month tenancy by following the

procedures specified in paragraph I-a. Rent shall continue at the rate specified in this

Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement

shall remain in full force and effect.

In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant

stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months,

and that all future Rent payments shall be remitted by Tenant to Landlord by money order or

cashier’s check.

III. Security Deposit. Upon the due execution of this Agreement, Tenant shall deposit with

Landlord the sum of

________________________________________________________________________

DOLLARS ($__________________) receipt of which is hereby acknowledged by Landlord, as

security for any damage caused to the Premises during the term hereof. Such deposit shall

be returned to Tenant, without interest, and less any set off for damages to the Premises upon

the termination of this Agreement.

Landlord will hold Tenant’s security deposit in an account in the following Florida banking

institution: ____________________

_____________________________________________________. Landlord will not

commingle the security deposit funds with those funds in the Landlord’s primary bank account.

Rather, Landlord will maintain the security deposit funds in a separate non-interest bearing

account for the benefit of the Tenant. Accordingly, Tenant will NOT receive any interest on the

security deposit.

In accordance with Florida law (Florida Statute Section 83.49), Landlord is required to include

in Tenant’s lease the following provisions regarding return of security deposits. Florida

Statute Section 83.49(3):

(a) Upon the vacating of the premises for termination of the lease, if the landlord does not

intend to impose a claim on the security deposit, the landlord shall have 15 days to return the

security deposit together with interest if otherwise required, or the landlord shall have 30 days

to give the tenant written notice by certified mail to the tenant’s last know 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 Tenant’s

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 you 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. Tenant’s

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objection must be sent to (landlord’s address). If the landlord fails to give the required notice

within the 30-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.

party’s 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 sales associates,

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 an 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).

IV. Use of Premises. The Premises shall be used and occupied by Tenant and Tenant’s

immediate family, consisting of

__________________________________________________________________________

_________, exclusively, as a private single family dwelling, and no part of the Premises shall

be used at any time during the term of this Agreement by Tenant for the purpose of carrying

on any business, profession, or trade of any kind, or for any purpose other than as a private

single family dwelling. Tenant shall not allow any other person, other than Tenant’s

immediate family or transient relatives and friends who are guests of Tenant, to use or occupy

the Premises without first obtaining Landlord’s written consent to such use. Tenant shall

comply with any and all laws, ordinances, rules and orders of any and all governmental or

quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of

the Premises.

V. Condition of Premises. Tenant stipulates, represents and warrants that Tenant has

examined the Premises, and that they are at the time of this Lease in good order, repair, and

in a safe, clean and tenantable condition.

VI. Assignment and Sub-Letting. Tenant shall not assign this Agreement, or sub-let or grant

any license to use the Premises or any part thereof without the prior written consent of

Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be

deemed to be a consent to any subsequent assignment, sub-letting or license. An

assignment, sub-letting or license without the prior written consent of Landlord or an

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assignment or sub-letting by operation of law shall be absolutely null and void and shall, at

Landlord’s option, terminate this Agreement.

VII. Alterations and Improvements. Tenant shall make no alterations to the buildings or

improvements on the Premises or construct any building or make any other improvements on

the Premises without the prior written consent of Landlord. Any and all alterations, changes,

and/or improvements built, constructed or placed on the Premises by Tenant shall, unless

otherwise provided by written agreement between Landlord and Tenant, be and become the

property of Landlord and remain on the Premises at the expiration or earlier termination of this

Agreement.

VIII. Non-Delivery of Possession. In the event Landlord cannot deliver possession of the

Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord

or its agents, then Landlord or its agents shall have no liability, but the rental herein provided

shall abate until possession is given. Landlord or its agents shall have thirty (30) days in

which to give possession, and if possession is tendered within such time, Tenant agrees to

accept the demised Premises and pay the rental herein provided from that date. In the event

possession cannot be delivered within such time, through no fault of Landlord or its agents,

then this Agreement and all rights hereunder shall terminate.

IX. Hazardous Materials. Tenant shall not keep on the Premises any item of a dangerous,

flammable or explosive character that might unreasonably increase the danger of fire or

explosion on the Premises or that might be considered hazardous or extra hazardous by any

responsible insurance company.

X. Utilities. Tenant shall be responsible for arranging for and paying for all utility services

required on the Premises.

XI. Maintenance and Repair; Rules. Tenant will, at its sole expense, keep and maintain the

Premises and appurtenances in good and sanitary condition and repair during the term of this

Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant

shall:

(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall

be used for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean

order and repair;

(d) Not leave windows or doors in an open position during any inclement weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air

or dry any of same within any yard area or space;

(f) Not cause or permit any locks or hooks to be placed upon any door or window without the

prior written consent of Landlord;

(g) Keep all air conditioning filters clean and free from dirt;

(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order

and repair and shall use same only for the purposes for which they were constructed.

Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to

be thrown or deposited therein. Any damage to any such apparatus and the cost of

clearing stopped plumbing resulting from misuse shall be borne by Tenant;

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(i) And Tenant’s family and guests shall at all times maintain order in the Premises and at all

places on the Premises, and shall not make or permit any loud or improper noises, or

otherwise disturb other residents;

(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of

sound that does not annoy or interfere with other residents;

(k) Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow

any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior

of any building or within the common elements;

(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the

common area appurtenant thereto which may be adopted or promulgated by the

Condominium or Homeowners’ Association having control over them.

XII. Insurance. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or

Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted

visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire,

water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised

Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any

such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall

take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or

Tenant shall pay for the increase in premium); or (ii) loss of insurance.

XIII. Damage to Premises. In the event the Premises are destroyed or rendered wholly

uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of

Tenant, this Agreement shall terminate from such time except for the purpose of enforcing

rights that may have then accrued hereunder. The rental provided for herein shall then be

accounted for by and between Landlord and Tenant up to the time of such injury or

destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding

rentals collected beyond such date. Should a portion of the Premises thereby be rendered

uninhabitable, the Landlord shall have the option of either repairing such injured or damaged

portion or terminating this Lease. In the event that Landlord exercises its right to repair such

uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the

whole Premises, and such part so injured shall be restored by Landlord as speedily as

practicable, after which the full rent shall recommence and the Agreement continue according

to its terms.

XIV. Inspection of Premises. Landlord and Landlord’s agents shall have the right at all

reasonable times during the term of this Agreement and any renewal thereof to enter the

Premises for the purpose of inspecting the Premises and all buildings and improvements

thereon. And for the purposes of making any repairs, additions or alterations as may be

deemed appropriate by Landlord for the preservation of the Premises or the building.

Landlord and its agents shall further have the right to exhibit the Premises and to display the

usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time within forty-five (45)

days before the expiration of this Lease. The right of entry shall likewise exist for the purpose

of removing placards, signs, fixtures, alterations, or additions that do not conform to this

Agreement or to any restrictions, rules or regulations affecting the Premises.

XV. Subordination of Lease. This Agreement and Tenant’s interest are and shall be

subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or

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hereafter placed on the Premises by Landlord, all advances made under any such mortgages,

liens or encumbrances (including, but not limited to, future advances), the interest payable on

such mortgages, liens or encumbrances and any and all renewals, extensions or modifications

of such mortgages, liens or encumbrances.

XVI. Tenant’s Hold Over. If Tenant remains in possession of the Premises with the consent of

Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month

shall be created between Landlord and Tenant which shall be subject to all of the terms and

conditions hereof except that rent shall then be due and owing at

____________________________________________________________________

DOLLARS ($______________) per month and except that such tenancy shall be terminable

upon thirty (30) days written notice served by either party.

XVII. Surrender of Premises. Upon the expiration of the term hereof, Tenant shall surrender the

Premises in as good a state and condition as they were at the commencement of this

Agreement, reasonable use and wear and tear thereof and damages by the elements

excepted.

XVIII. Animals. Tenant shall be entitled to keep no more than ____________ (_____) domestic

dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on

the Premises, Tenant shall pay to Landlord a pet deposit of

__________________________________________________________________________

DOLLARS ($______________), ________________________________________________

DOLLARS ($______________) of which shall be non-refundable and shall be used upon the

termination or expiration of this Agreement for the purposes of cleaning the carpets of the

building.

XIX. Quiet Enjoyment. Tenant, upon payment of all of the sums referred to herein as being

payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein

and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly

have, hold and enjoy said Premises for the term hereof.

XX. Indemnification. LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY OF

OR TO THE TENANT, TENANT’S FAMILY, GUESTS, INVITEES, AGENTS OR

EMPLOYEES OR TO ANY OTHER PERSON ENTERING THE PREMISES OR ANY

BUILDING THAT IS A PART OR LIES UPON THE PREMISES, OR TO GOODS OR

EQUIPMENT, OR IN THE STRUCTURE OR EQUIPMENT OF THE STRUCTURE OF

WHICH THE PREMISES ARE A PART, AND TENANT HEREBY AGREES TO INDEMNIFY,

DEFEND AND HOLD LANDLORD HARMLESS FROM ANY AND ALL CLAIMS OR

ASSERTIONS OF EVERY KIND AND NATURE. THIS INDEMNIFICATION INCLUDES, BUT

IS NOT LIMITED TO, ANY DAMAGE OR INJURY WHICH MAY BE INCURRED BY TENANT,

TENANT’S FAMILY, GUESTS, INVITEES, AGENTS OR EMPLOYEES OR TO ANY OTHER

PERSON FOR DAMAGE OR INJURIES THAT ARISE FROM ANY CONTACT, ATTACK OR

INTERACTION FROM OR WITH ANY ANIMALS, DOMESTIC OR WILD, WHETHER SUCH

DAMAGE OR INJURY OCCURS ON THE PREMISES OR OFF, AND TENANT HOLDS

HARMLESS THE LANDLORD FROM ANY AND ALL CLAIMS OR ASSERTIONS OF EVERY

KIND AND NATURE FOR ANY DAMAGE OR INJURY TENANT ATTRIBUTES TO ANY

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ABSENCE OR FAILURE OF FENCING THAT MAY BE ON OR SURROUNDING THE

PREMISES.

XXI. Default. If Landlord determines that the Tenant is in default of this Agreement, Landlord shall

provide Tenant with a notice of default, and Tenant shall have a limited number of days to

cure the default unless otherwise excepted: (a) for the failure to pay rent when due, Tenant

shall have three (3) days to cure; (b) for activities in contravention of this Agreement (including

but not limited to having or permitting unauthorized pets, guests, or vehicles; parking in an

unauthorized manner or permitting such parking; or failing to keep the premises clean and

sanitary), the Tenant shall have seven (7) days to cure. If Tenant fails to cure the default

within the required time frame, Landlord may immediately terminate this Agreement, and

Tenant shall immediately vacate the Premises and shall return the keys to Landlord. However,

if Tenant’s default is of a nature that Tenant should not be given an opportunity to cure the

default (including but not limited to destruction, damage, or misuse of Landlord's or other

tenants' property by intentional act or a subsequent or continued unreasonable disturbance),

or if the default constitutes a subsequent or continuing default within twelve (12) months of a

written warning by Landlord of a similar violation,

Landlord may deliver a written notice to Tenant specifying the default and Landlord's intent to

terminate this Agreement. In such event, Landlord may terminate this Agreement, and Tenant

shall have seven (7) days from the date that the notice is delivered to vacate the premises. In

addition, if this Agreement is terminated pursuant to this paragraph, Landlord may, at

Landlord's option, declare the entire balance of rent payable hereunder to be immediately due

and payable and may exercise any and all rights and remedies available to Landlord at law or

in equity.

XXII. Late Charge. In the event that any payment required to be paid by Tenant hereunder is not

made within three (3) days of

when due, Tenant shall pay to Landlord, in addition to such payment or other charges due

hereunder, a “late fee” in the amount of

__________________________________________________________________________

DOLLARS ($______________).

XXIII. Abandonment. If at any time during the term of this Agreement Tenant abandons the

Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the

Premises in the manner provided by law, and without becoming liable to Tenant for damages

or for any payment of any kind whatever. Landlord may, at Landlord’s discretion, as agent for

Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole

or any part of the then unexpired term, and may receive and collect all rent payable by virtue

of such reletting, and, at Landlord’s option, hold Tenant liable for any difference between the

rent that would have been payable under this Agreement during the balance of the unexpired

term, if this Agreement had continued in force, and the net rent for such period realized by

Landlord by means of such reletting. If Landlord’s right of reentry is exercised following

abandonment of the Premises by Tenant, then Landlord shall consider any personal property

belonging to Tenant and left on the Premises to also have been abandoned, in which case

the Landlord may dispose of all such personal property in any manner Landlord shall deem

proper and Landlord is hereby relieved of all liability for doing so. BY SIGNING THIS

AGREEMENT, TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS

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DEFINED BY CHAPTER 83, FLORIDA STATUTES, LANDLORD SHALL NOT BE LIABLE

OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL

PROPERTY.

XXIV. Attorneys’ Fees. Should it become necessary for Landlord to employ an attorney to enforce

any of the conditions or covenants hereof, including the collection of rentals or gaining

possession of the Premises, Tenant agrees to pay all expenses so incurred, including a

reasonable attorneys’ fee.

XXV. Recording of Agreement. Tenant shall not record this Agreement on the Public Records of

any public office. In the event that Tenant shall record this Agreement, this Agreement shall,

at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and

remedies that it has at law or in equity.

XXVI. Governing Law. This Agreement shall be governed, construed and interpreted by, through

and under the Laws of Florida.

XXVII. Severability. If any provision of this Agreement or the application thereof shall, for any

reason and to any extent, be invalid or unenforceable, neither the remainder of this

Agreement nor

the application of the provision to other persons, entities or circumstances shall be affected

thereby, but instead shall be enforced to the maximum extent permitted by law.

XXVIII. Binding Effect. The covenants, obligations and conditions herein contained shall be binding

on and inure to the benefit of the heirs, legal representatives, and assigns of the parties

hereto.

XXIX. Descriptive Headings. The descriptive headings used herein are for convenience of

reference only and they are not intended to have any effect whatsoever in determining the

rights or obligations of the Landlord or Tenant.

XXX. Construction. The pronouns used herein shall include, where appropriate, either gender or

both, singular and plural.

XXXI. Non-Waiver. No indulgence, waiver, election or non-election by Landlord under this

Agreement shall affect Tenant’s duties and liabilities hereunder.

XXXII. Modification. The parties hereby agree that this document contains the entire agreement

between the parties and this Agreement shall not be modified, changed, altered or amended

in any way except through a written amendment signed by all of the parties hereto.

XXXIII. Waiver of Jury Trial. LANDLORD AND TENANT HAVE SPECIFICALLY WAIVED THE

RIGHT TO A JURY TRIAL CONCERNING ANY DISPUTES WHICH MAY ARISE

CONCERNING THIS AGREEMENT, SPECIFICALLY BUT NOT LIMITED TO, ANY ISSUES

INVOLVING TENANT’S TENANCY.

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XXXIV. Radon Notification. Pursuant to Florida Statute 404.056(8), Tenant is notified: “RADON

GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in the

building in sufficient quantities, may present health risks to persons who are exposed to it over

time. Levels of radon gas 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.”

XXXV. Notice. Any notice required or permitted under this Lease or under state law shall be deemed

sufficiently given or served if sent by United States certified mail, return receipt requested,

addressed as follows:

If to Landlord to: If to Tenant to:

___________________________________

_____________________________________

___

[Landlord’s Name] [Tenant’s Name]

____________________________________

_____________________________________

___

____________________________________

_____________________________________

___

[Landlord’s Address] [Tenant’s Address]

Landlord and Tenant shall each have the right from time to time to change the place notice is

to be given under this paragraph by written notice thereof to the other party. TENANT

HEREBY WAIVES HIS OR HER RIGHT TO NOTICE PURSUANT TO FLORIDA STATUTE

715.104.

XXXVI. ADDITIONAL PROVISIONS; DISCLOSURES.

__________________________________________________________________________

_______________________.

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[Landlord should note above any disclosures about the premises that may be required under

Federal or Florida law, such as known lead-based paint hazards in the Premises. The

Landlord should also disclose any flood hazards.] Landlord:

LANDLORD (“LANDLORD”):