Fill Out a Valid Florida Realtors Residential Lease Form

Fill Out a Valid Florida Realtors Residential Lease Form

The Florida Realtors Residential Lease form is a standardized document used for the leasing of residential properties, such as apartments or units in multi-family rental housing, mobile homes, condominiums, or cooperatives, excluding duplexes. It clarifies the terms and conditions of the lease agreement between the landlord (the owner) and the tenant (the person leasing the property). This form is designed to provide both parties with a clear understanding of their obligations, rights, and protections under the lease, offering a comprehensive framework for the rental arrangement.

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The Florida Realtors Residential Lease form serves as a comprehensive and legally binding document, designed to outline the terms and agreements between landlords and tenants within the state of Florida. This form, applicable to apartments or units in multi-family rental housing including mobile homes, condominiums, or cooperatives, ensures clarity and mutual understanding concerning various aspects of the leasing agreement. It provides detailed instructions for completion, requiring disclosure of assistance by licensees, and emphasizes the importance of understanding every provision to avoid legal complications. Key elements addressed in the form include the lease term, property rented, common areas, payments and charges, deposits, maintenance responsibilities, utilities, rights of servicemembers, landlord's access, and prohibited acts by landlords, among others. The form also highlights the conditions under which the lease can be terminated and outlines the process for handling defaults and remedies. Additionally, it discusses assignment and subleasing, risk of loss, subordination, and liens, ensuring that both parties are aware of their rights and obligations. Importantly, the document states that no changes or additions may be made without consulting a lawyer, stressing its official capacity and the legal obligations imposed by the lease.

Document Example

Residential Lease for Apartment or Unit in Multi-Family Rental

Housing (other than a Duplex) Including a Mobile Home,

Condominium, or Cooperative

INSTRUCTIONS:

1.Licensee: Give this disclosure to the Landlord prior to your assisting with the completion of the attached Lease.

2.Licensee: As the person assisting with the completion of the attached form, insert your name in the first (5) blank “Name” spaces below.

3.Licensee: SIGN the disclosure below.

4.Landlord/Owner and Tenant: Check the applicable provision regarding English contained in the disclosure and SIGN below.

5.Licensee: Retain a copy for your files for at least 6 years. Landlord/Owner and Tenant: Retain a copy for your files. This disclosure does not act as or constitute a waiver, disclaimer or limitation of liability.

THIS FORM WAS COMPLETED WITH THE ASSISTANCE OF:

________________________________________________________

_______________________________________________________

Licensee Name

Name of Brokerage/Business

________________________________________________________

_______________________________________________________

Address

Phone Number

DISCLOSURE:

________________________________________________________________ told me that he/she is a nonlawyer and may not give

(Name)

legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court.

Rule 10-2.1(b) of the Rules Regulating the Florida Bar defines a paralegal as a person who works under the supervision of a member of the Florida Bar and who performs specifically delegated substantive legal work for which a member of the Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals.

________________________________________________________________ informed me that he/she is not a paralegal as defined

(Name)

by the rule and cannot call himself/herself a paralegal.

________________________________________________________________ told me that he/she may only help me type the factual

(Name)

information provided by me in writing into the blanks on the form.

________________________________________________________________ may not help me fill in the form and may not complete

(Name)

the form for me.

If using a form approved by the Supreme Court of Florida, _____________________________________________________ may

(Name)

ask me factual questions to fill in the blanks on the form and may also tell me how to file the form.

Landlord/Owner:

 

Tenant:

 

_______ I can read English.

 

______ I can read English.

_______ I cannot read English but this notice was read to me by

______ I cannot read English but this notice was read to me by

____________________________________________ in

_________________________________ which I understand.

(Name)

 

(Language)

 

_____________________________________

_____________________________________

______________________________________

(Licensee Signature)

(Landlord Signature)

(Tenant Signature)

This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics.

The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms.

RLAUCC-1 Rev. 4/10 © 2010 Florida Realtors® All Rights Reserved

Residential Lease for Apartment or Unit in Multi-Family Rental

Housing (other than a Duplex) Including a Mobile Home,

Condominium, or Cooperative

________________________________________________________________________________

(FOR A TERM NOT TO EXCEED ONE YEAR)

(Not To Be Used For Commercial, Agricultural, or Other Residential Property)

WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS.

AN ASTERISK (*) OR A BLANK SPACE (__________) INDICATES A PROVISION WHERE A CHOICE OR A DECISION MUST BE MADE

BY THE PARTIES.

NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED.

1. TERMS AND PARTIES. This is a lease ("the Lease") for a period of __________ months (the "Lease Term"), beginning

(number)

____________________________________________and ending ____________________________________________,between

(month, day, year)(month, day, year)

________________________________________________________ and _______________________________________________

(name of owner of the property)

(name(s) of person(s) to whom the property is leased)

(In the Lease, the owner, whether one or more, of the property is called "Landlord." All persons to whom the property is leased are called "Tenant.")

Landlord's E-mail Address:

_____________________________________

Landlord's Telephone Number:

_____________________________________

Tenant's E-mail Address:

_____________________________________

Tenant's Telephone Number:

_____________________________________

II.PROPERTY RENTED. Landlord leases to Tenant apartment or unit no. ___________ in the building located at

_____________________________________________________________________________________________ known as

(street address)

______________________________________________________________________, ___________________________________,

(name of apartment or condominium)(city)

Florida ________________, together with the following furniture and appliances:

(zip code)

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

[List all furniture and appliances. If none, write "none."] (In the Lease, the property leased, including furniture and appliances, if any, is called "the Premises.")

III.COMMON AREAS. Landlord grants to Tenant permission to use, during the Lease Term, along with others, the common areas of the building and the development of which the Premises are a part.

IV. RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in installments of $______________ each on

the________________________ day of each _________________________ [month, week]

(a "Rental Installment Period," as used in the Lease, shall be a month if rent is paid monthly, and a week if rent is paid weekly.)

Tenant shall pay with each rent payment all taxes imposed on the rent by taxing authorities. The amount of taxes payable on the beginning date of the Lease is $__________ for each installment. The amount of each installment of rent plus taxes ("the Lease Payment"), as of the

date the Lease begins, is $_____________. Landlord will notify Tenant if the amount of the tax changes. Tenant shall pay the rent and all

other charges required to be paid under the Lease by cash, valid check, or money order. Landlord may appoint an agent to collect the Lease Payment and to perform Landlord's obligations.

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 1 of 7

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Unless this box

is checked, the Lease Payments must be paid in advance beginning ____________________________________.

(date)

If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from

____________________________ through

____________________________ in the amount of $____________ and shall be due

(date)

(date)

on ____________________________. (If rent paid monthly, prorate on a 30-day month.)

(date)

V.DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease Payments described above, Tenant shall pay the following: (check only those items that apply)

___________

a security deposit of $ _________________ to be paid upon signing the Lease.

 

advance rent in the amount of $ _________________ for the Rental Installment Periods of ___________________

___________

to be paid upon signing the Lease.

___________

a pet deposit in the amount of $_________________ to be paid upon signing the Lease.

 

a late charge in the amount of $ _________________ for each Lease Payment made more than _______________

___________

days after the date it is due.

 

a bad check fee in the amount $ _________________ (not to exceed $20.00 or 5% of the Lease Payment,

 

whichever is greater) if Tenant makes any Lease Payment with a bad check. It Tenant makes any Lease Payment

___________

with a bad check, Landlord can require Tenant to pay all future Lease Payments in cash or by money order.

___________

Other:_______________________________________________________________________________________

___________

Other:_______________________________________________________________________________________

VI. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit or advance rent the following provisions apply:

A.Landlord shall hold the money in a separate interest-bearing or non-interest-bearing account in a Florida banking institution for the benefit of Tenant. If Landlord deposits the money in an interest-bearing account, Landlord must pay Tenant interest of at least 75% of the annualized average interest paid by the bank or 5% per year simple interest, whichever Landlord chooses. Landlord cannot mix such money with any other funds of Landlord or pledge, mortgage, or make any other use of such money until the money is actually due to Landlord; or

B.Landlord must post a surety bond in the manner allowed by law. If Landlord posts the bond, Landlord shall pay Tenant 5% interest per year.

At the end of the Lease, Landlord will pay Tenant, or credit against rent, the interest due to Tenant. No interest will be due Tenant if Tenant wrongfully terminates the Lease before the end of the Lease Term.

If Landlord rents 5 or more dwelling units, then within 30 days of Tenant’s payment of the advance rent or any security deposit, Landlord must notify Tenant in writing of the manner in which Landlord is holding such money, the interest rate, if any, that Tenant will receive, and when such payments will be made.

VII. NOTICES. ______________________________________________________ is Landlord’s Agent. All notices to Landlord and all

(name)

Lease Payments must be sent to Landlord's Agent at ________________________________________________________________

(address)

unless Landlord gives Tenant written notice of a change. Landlord’s Agent may perform inspections on behalf of Landlord, subject to Article XII below. All notices to Landlord shall be given by certified mail, return receipt requested, or by hand delivery to Landlord or Landlord’s Agent.

Any notice to Tenant shall be given by certified mail, return receipt requested, or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at the Premises.

VIII. USE OF PREMISES. Tenant shall use the Premises only for residential purposes. Tenant also shall obey, and require anyone on the Premises to obey, all laws and any restrictions that apply to the Premises. Landlord will give Tenant notice of any restrictions that apply to the Premises.

If the Premises are located in a condominium or cooperative development, the Lease and Tenant’s rights under it, including as to the common areas, are subject to all terms of the governing documents for the project, including, without limitation, any Declaration of Condominium or proprietary lease, and any restrictions, rules, and regulations now existing or hereafter adopted, amended, or repealed.

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 2 of 7

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Unless this box is checked, Landlord may adopt, modify, or repeal rules and regulations for the use of common areas and conduct on the Premises during the Lease Term. All rules and regulations must be reasonable and in the best interest of the development in which the Premises are located.

Occasional overnight guests are permitted. An occasional overnight guest is one who does not stay more than _______ nights in any

calendar month (If left blank, 7). Landlord’s written approval is required to allow anyone else to occupy the Premises.

Unless this box is checked or a pet deposit has been paid, Tenant may not keep or allow pets or animals on the Premises without Landlord’s approval of the pet or animal in writing.

Unless this box

is checked, no smoking is permitted in the Premises.

Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without Landlord’s consent.

Tenant shall not create any environmental hazards on or about the Premises.

Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any person to do so.

Tenant may not make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement. However, unless this box is checked, Tenant may hang pictures and install window treatments in the Premises without Landlord’s consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal.

Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace.

IX. MAINTENANCE. Landlord and Tenant agree that the maintenance of the Premises must be performed by the person indicated below:

A.Landlord's Required Maintenance. Landlord will comply with applicable building, housing, and health codes relating to the Premises. If there are no applicable building, housing, or health codes, Landlord shall maintain and repair the roofs, porches, windows, exterior walls, screens, foundations, floors, structural components, and steps, and keep the plumbing in reasonable working order. If the Premises are located in a condominium, Landlord and Tenant acknowledge that the maintenance of the structural elements and common areas is performed by the condominium association as part of the common area maintenance. Landlord shall assure that the association complies with applicable building, housing, and health codes relating to the Premises. If there are no applicable building, housing, or health codes, Landlord shall assure that the association maintains and repairs roofs, porches, windows, exterior walls, screens, foundations, floors, structural components, and steps, and keeps the plumbing in reasonable working order. Landlord will be responsible for the maintenance of any items listed above for which the association is not responsible.

B.Elective Maintenance. Fill in each blank space in this section with Landlord or Tenant to show who will take care of the item noted. If a space is left blank, Landlord will be required to take care of that item (or assure that the association takes care of the items if the Premises are located in a condominium).

___________

Smoke Detectors

___________

Extermination of rats, mice, roaches, ants, woo-destroying organisms, and bedbugs

___________

Locks and keys

___________

Clean and safe condition of outside areas

___________

Garbage removal and outside garbage receptacles

___________

Running water

___________

Hot water

___________

Lawn

___________

Heat

___________

Air conditioning

___________

Furniture

___________

Appliances

___________

Fixtures

___________

Pool (including filters, machinery, and equipment)

___________

Heating and air conditioning filters

___________

Other: ________________________________________________________________________________________

Tenant's responsibility, if any, indicated above, shall not include major maintenance or major replacement of equipment.

Landlord shall be responsible for major maintenance or major replacement of equipment, except for equipment for which Tenant has accepted responsibility for major maintenance or major replacement in the previous paragraph.

Major maintenance or major replacement means a repair or replacement that costs more than $ _________________.

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 3 of 7

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Tenant shall be required to vacate the Premises on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph. When vacation of the Premises is required for extermination, Landlord shall not be liable for damages but shall abate the rent.

Nothing in this section makes Landlord responsible for any condition created or caused by the negligent or wrongful act or omission of Tenant, any member of Tenant's family, or any other person on the Premises with Tenant's consent.

C.Tenant's Required Maintenance. At all times during the Lease Term, Tenant shall:

1.comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes;

2.keep the Premises clean and sanitary;

3.remove all garbage from the dwelling unit in a clean and sanitary manner;

4.keep all plumbing fixtures in the dwelling unit clean, sanitary, and in repair; and

5.use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators.

X.UTILITIES. Tenant shall pay all charges for hook-up, connection, and deposit for providing all utilities and utility services to the Premises during the Lease Term except _______________________________________________________________________, which Landlord agrees to provide at Landlord’s expense. (Specify any utilities to be provided and paid for by Landlord such as water, sewer, oil, gas, electricity, telephone, garbage removal, etc.).

XI. SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83.682, Florida Statutes, the provisions of which can be found in the attachment to this Lease.

XII. LANDLORD'S ACCESS TO PREMISES. Landlord or Landlord's Agent may enter the Premises in the following circumstances:

A.At any time for the protection or preservation of the Premises.

B.After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.

C.To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances:

1.with Tenant's consent;

2.in case of emergency;

3.when Tenant unreasonably withholds consent; or

4.if Tenant is absent from the Premises for a period of at least one-half a Rental Installment Period. (If the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant’s consent or for the protection or preservation of the Premises.)

XIII. PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can be found in the attachment to this Lease.

XIV. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenant’s consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease within 30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case Tenant’s liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed.

XV. DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease.

XVI. ASSIGNMENT AND SUBLEASING. Unless this box is checked, Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining Landlord’s written approval and consent to the assignment or sublease.

XVII. RISK OF LOSS. Subject to the next sentence, Landlord shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, and personal effects of the Tenant, or Tenant’s family, agents, employees, guests, or visitors located in or about the Premises, or for damage or injury to Tenant or Tenant’s family, agents, employees, guests, or visitors. Nothing contained in this provision shall relieve Landlord or Tenant from responsibility for loss, damage, or injury caused by its own negligence or willful conduct.

XVIII. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time.

XIX. LIENS. The interest of the Landlord shall not be subject to liens for improvements by the Tenant as provided in Section 713.10, Florida Statutes. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not allow any liens to attach to Landlord’s interest.

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 4 of 7

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XX.APPROVAL CONTINGENCY. If applicable, the Lease is conditioned upon approval of Tenant by the association that governs the Premises. Any application fee required by an association shall be paid by Landlord Tenant. If such approval is not obtained prior to commencement of Lease Term, either party may terminate the Lease by written notice to the other given at any time prior to approval by the association, and if the Lease is terminated, Tenant shall receive return of deposits specified in Article V, if made. If the Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due diligence in applying for association approval and to comply with the requirements for obtaining approval. Landlord Tenant shall pay the security deposit required by the association, if applicable.

XXI. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but in no event may the total Lease Term exceed one year. A new lease is required for each year.

XXII. LEAD-BASED PAINT. Check and complete if the dwelling was built before January 1, 1978. Lead Warning Statement (when used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant)

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessor's Disclosure (initial)

_________(a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below):

(i)_____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

(ii)_____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

_________(b) Records and reports available to the Lessor (check (i) or (ii) below):

(i)_____ Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

(ii)_____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessor's Acknowledgment (initial)

_________(c) Lessee has received copies of all information listed above.

_________(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.

Agent's Acknowledgment (initial)

_________(e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility

to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.

_____________________________

____________

_____________________________

____________

Lessor's signature

Date

Lessor's signature

Date

_____________________________

____________

_____________________________

____________

Lessee's signature

Date

Lessee's signature

Date

_____________________________

____________

_____________________________

____________

Agent's signature

Date

Agent's signature

Date

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 5 of 7

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XXIII. ATTORNEYS' FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party.

XXIV. MISCELLANEOUS.

A. Time is of the essence of the performance of each party's obligations under the Lease.

B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.

C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally.

D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.

E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida.

F. The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the Premises is located.

G. Landlord and Tenant will use good faith in performing their obligations under the Lease.

H. As required by law, Landlord makes the following disclosure: “RADON GAS.” 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 health department.

XXV. TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX FOR THE FOLLOWING PROVISION TO APPLY. 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.

The Lease has been executed by the parties on the dates indicated below.

________________________________________________

________________________________________________

Landlord's Signature

Date

________________________________________________

________________________________________________

Landlord's Signature

Date

________________________________________________

________________________________________________

Landlord's Signature

Date

________________________________________________

________________________________________________

Tenant's Signature

Date

________________________________________________

________________________________________________

Tenant's Signature

Date

This form was completed with the assistance of:

Name of Individual:

Name of Business:

Address:

Telephone Number:

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 6 of 7

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Early Termination Fee/Liquidated Damages Addendum

[] I agree, as provided in the rental agreement, to pay $ __________ (an amount that does not exceed two 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.

______________________________________________

_________________________

Landlord’s Signature

Date

______________________________________________

_________________________

Landlord’s Signature

Date

______________________________________________

_________________________

Landlord’s Signature

Date

______________________________________________

_________________________

Tenant’s Signature

Date

______________________________________________

_________________________

Tenant’s Signature

Date

Landlord (____) (____) and Tenant (____) (____) acknowledge receipt of a copy of this page which is Page 7 of 7

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Florida Residential Landlord and Tenant Act

PART II

RESIDENTIAL TENANCIES

83.40Short title.

83.41Application.

83.42Exclusions from application of part.

83.43Definitions.

83.44Obligation of good faith.

83.45Unconscionable rental agreement or provision.

83.46Rent; duration of tenancies.

83.47Prohibited provisions in rental agreements.

83.48Attorney's fees.

83.49Deposit money or advance rent; duty of landlord and tenant.

83.50Disclosure.

83.51Landlord's obligation to maintain premises.

83.52Tenant's obligation to maintain dwelling unit.

83.53Landlord's access to dwelling unit.

83.535 Flotation bedding system; restrictions on use.

83.54Enforcement of rights and duties; civil action.

83.55Right of action for damages.

83.56Termination of rental agreement.

83.57Termination of tenancy without specific term.

83.575 Termination of tenancy with specific duration.

83.58Remedies; tenant holding over.

83.59Right of action for possession.

83.595 Choice of remedies upon breach or early termination by tenant.

83.60Defenses to action for rent or possession; procedure.

83.61Disbursement of funds in registry of court; prompt final hearing.

83.62Restoration of possession to landlord.

83.625 Power to award possession and enter money judgment.

83.63Casualty damage.

83.64Retaliatory conduct.

83.67Prohibited practices.

83.681 Orders to enjoin violations of this part.

83.682 Termination of rental agreement by a servicemember.

83.40Short title. This part shall be known as the "Florida Residential Landlord and Tenant Act."

History.--s. 2, ch. 73-330.

83.41Application. This part applies to the rental of a dwelling unit.

History.--s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.

83.42 Exclusions from application of part. This part does not apply to:

(1)Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services.

(2)Occupancy under a contract of sale of a dwelling unit or the property of which it is a part.

(3)Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.

(4)Occupancy by a holder of a proprietary lease in a cooperative apartment.

(5)Occupancy by an owner of a condominium unit.

History.--s. 2, ch. 73-330.

Page 1 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a Duplex) Including a Mobile Home, Condominium, or Cooperative

83.43Definitions. As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:

(1) "Building, housing, and health codes" means any law, ordinance, or governmental regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.

(2) "Dwelling unit" means:

(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.

(b) A mobile home rented by a tenant.

(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.

(3) "Landlord" means the owner or lessor of a dwelling unit.

(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.

(5) "Premises" means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally.

(6) "Rent" means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.

(7) "Rental agreement" means 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.

(8) "Good faith" means honesty in fact in the conduct or transaction concerned.

(9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.

(10) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.

(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally.

(12) "Security deposits" means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof.

(13) "Legal holiday" means holidays observed by the clerk of the court.

(14) "Servicemember" shall have the same meaning as provided in s. 250.01.

(15) "Active duty" shall have the same meaning as provided in s. 250.01.

(16) "State active duty" shall have the same meaning as provided in s. 250.01.

(17) "Early termination fee" means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement. An early termination fee does not include:

(a) Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.

(b) Charges for damages to the dwelling unit.

(c) Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.

History.--s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131.

83.44Obligation of good faith. Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement.

History.--s. 2, ch. 73-330.

83.45 Unconscionable rental agreement or provision.

(1)If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

(2)When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.

History.--s. 2, ch. 73-330.

83.46 Rent; duration of tenancies.

(1)Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.

(2)If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods

Page 2 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a Duplex) Including a Mobile Home, Condominium, or Cooperative

Form Breakdown

Fact Detail
Form Use Context This form is designed for leasing residential apartments or units in multi-family rental housing, excluding duplexes. It covers mobile homes, condominiums, or cooperatives.
Governing Laws The lease form is governed by the Florida Residential Landlord and Tenant Act, Part II, Chapter 83 of the Florida Statutes, which details defaults and remedies.
Non-Lawyer Assistance Assistance by a nonlawyer is limited to typing the factual information provided by the individual into the form and cannot include legal advice or representation.
Language Proficiency Disclosure Both landlord/owner and tenant must disclose their ability to read English. If unable to do so, the lease includes provisions for the disclosure to be read to them in a language they understand.

Florida Realtors Residential Lease - Usage Guide

Filling out the Florida Realtors Residential Lease form is a critical step in finalizing a residential lease agreement between a landlord and tenant for a specified property location in Florida. This document outlines terms such as the duration of the lease, monthly rent, security deposit, maintenance responsibilities, and other important conditions that both parties must agree upon to ensure a clear and mutual understanding of their obligations. To complete this form correctly, follow these detailed steps to ensure all necessary information is accurately recorded and that both the landlord and tenant's rights are protected under the terms of the lease agreement.

  1. Read the introductory material carefully to understand the purpose of the form and the importance of providing accurate information.
  2. Enter the licensee name and the name of the brokerage or business in the first five blank "Name" spaces provided at the beginning of the form.
  3. The licensee should sign the disclosure section confirming understanding of their non-lawyer status and limitations in assisting with the form.
  4. Both the landlord/owner and the tenant should check the appropriate provision regarding their ability to read English and sign the form accordingly.
  5. The licensee is required to retain a copy of this disclosure for at least 6 years. The landlord/owner and tenant should also retain a copy for their records.
  6. For the lease agreement section, start by inputting the lease term, including the start and end dates of the lease period.
  7. Fill in the names of the landlord (property owner) and tenant(s) entering into the lease agreement.
  8. Provide contact details for both landlord and tenant, including email addresses and telephone numbers.
  9. Describe the property being rented by filling in the apartment or unit number, building location, and any furniture or appliances included in the lease.
  10. Under the "Rent Payments and Charges" section, specify the monthly rent amount, due date, and any applicable taxes.
  11. Check the applicable boxes and fill in details regarding security deposits, advance rent, pet deposits, late charges, and other relevant fees.
  12. If a security deposit is collected, note the conditions under which it will be held and managed by the landlord.
  13. Identify the landlord’s agent who will handle notices, lease payments, and other formal communications, including their address.
  14. Detail the permitted use of the premises, rules about guests, pets, smoking, alterations by the tenant, and maintenance responsibilities.
  15. Specify who is responsible for utilities and list the utilities to be provided by the landlord at no additional cost to the tenant.
  16. If applicable, acknowledge any rights for servicemembers to terminate the lease under certain conditions.
  17. Clarify the conditions under which the landlord or their agent may enter the premises.
  18. Review prohibited acts by the landlord and the consequences of casualty damage to the premises.
  19. Understand defaults and remedies as referenced in the Florida Residential Landlord and Tenant Act attached to the lease.
  20. Review and acknowledge sections on assignment and subleasing, risk of loss, subordination, and liens to ensure clear agreement.
  21. Finally, both the landlord and tenant should review the entire lease agreement carefully, make any necessary corrections or additions (with legal consultation if changes are made) and then sign and date the document to indicate their agreement to the terms laid out in the lease.

Completing the Florida Realtors Residential Lease form with attention to detail and accuracy ensures that both parties have a clear, enforceable agreement that outlines the terms of the residential lease. It is essential for both landlords and tenants to read and understand each section fully before signing to ensure their rights and obligations are properly represented and protected.

More About Florida Realtors Residential Lease

What is the purpose of the Florida Realtors Residential Lease form?

The Florida Realtors Residential Lease form is designed for the leasing of residential properties like apartments, mobile homes, condominiums, or cooperative units in multi-family rental housing (other than duplexes) in Florida. It outlines the terms and conditions between the landlord and tenant, ensuring both parties are clear about their obligations and rights.

Who needs to sign the Florida Realtors Residential Lease form?

The form must be signed by the assisting licensee, the landlord or property owner, and the tenant. Each party should review the form carefully, as it contains legally binding responsibilities and rights.

How long can a lease term be on this form?

According to the form, the lease term cannot exceed one year. Parties looking for a rental agreement beyond this duration may need to consider different documentation or contract renewals.

Are pets allowed in the premises under this lease?

Whether pets are allowed depends on specific provisions within the lease. Landlords can require a pet deposit and may only allow pets with their written permission. If a pet deposit is paid or a box indicating pets are allowed is checked, then pets may be permitted under certain conditions.

What happens if the tenant pays rent with a bad check?

If a tenant pays with a bad check, they may be subject to a bad check fee. Furthermore, the landlord has the right to require future rent payments to be made in cash or by money order. This is designed to protect landlords from financial instability and additional banking fees.

Can the tenant make alterations to the premises?

Tenants are generally not allowed to make alterations or improvements to the premises without the landlord’s written consent. However, minor changes like hanging pictures and installing window treatments may be allowed without consent, provided the tenant removes such items and repairs any damage upon lease termination.

What responsibilities does the landlord have regarding the maintenance of the premises?

The landlord is responsible for complying with applicable building, housing, and health codes. They must also maintain and make necessary repairs to the structure, plumbing, and any included appliances, unless an agreement places certain maintenance responsibilities on the tenant.

Can the landlord enter the rented premises?

Yes, the landlord or their agent may enter the premises for protection, repair purposes, inspections, or to show the premises to prospective parties, but must usually provide reasonable notice and do so at reasonable times except in emergencies or with the tenant's consent.

What happens if the premises are damaged?

If the premises are significantly damaged or destroyed by events beyond the tenant's control, the tenant may have the option to terminate the lease within 30 days and vacate, or possibly reduce rent if part of the premises remains usable. The specific rights and obligations will depend on the extent of the damages and the terms in the lease.

Common mistakes

Filling out the Florida Realtors Residential Lease form seems straightforward, but small errors can have big repercussions. One common mistake is not accurately filling in the lease term dates, including the start and end dates. This omission can lead to misunderstandings about lease duration and renewal terms, potentially leading to legal disputes.

Another significant oversight involves not correctly listing the names and contact information of all parties. Failing to include all tenants on the lease can complicate accountability and legal responsibilities. Additionally, not providing or correctly filling the landlord’s or the property manager’s contact information can hinder communication, which is crucial for resolving maintenance issues or emergencies.

Forgetting to check the box indicating whether the tenant or landlord is responsible for utilities can also lead to disputes. This section clarifies who pays for what and prevents unexpected bills that could sour the landlord-tenant relationship.

Neglecting to specify the terms for the security deposit, including the amount and conditions for return, is a mistake that can lead to legal challenges at the end of the lease term. Ensuring that the lease outlines these conditions protects both landlord and tenant by setting clear expectations.

Another area frequently mishandled is the section on property maintenance and repair responsibilities. Clear delineation of what the landlord versus the tenant is responsible for can prevent disputes over who pays for repairs. This clarity is essential for maintaining the property and ensuring a harmonious relationship between landlord and tenant.

Overlooking the rules regarding pets, smoking, and alterations to the property can also create conflict. Defining these rules within the lease ensures that both parties agree on the use of the property and helps avoid damage or issues with neighbors.

Last but certainly not least, failing to read and understand each clause before signing can result in confusion over rights and obligations. Both tenants and landlords should thoroughly review the lease, and consult a professional if necessary, to ensure that they fully grasp the terms and conditions of the agreement.

Documents used along the form

Filling out a Florida Realtors Residential Lease form is a significant step in the leasing process, but it is often just one part of a larger document package. To ensure a comprehensive and legally sound lease agreement, several additional forms and documents are commonly included. These supplementary materials protect the interests of both the landlord and the tenant, clarifying responsibilities and expectations from the outset.

  • Rental Application Form: This document is used by landlords to gather information on prospective tenants. It typically includes sections for personal details, rental history, employment information, and references. This form helps landlords assess the suitability of applicants.
  • Move-In/Move-Out Checklist: This form is essential for documenting the condition of the rental property at both the beginning and end of a tenancy. It helps in identifying any damages or changes that occurred during the lease term, facilitating the return of security deposits.
  • Lead-Based Paint Disclosure: For homes built before 1978, this federally required form informs tenants about the presence of lead-based paint in the property. It includes information on the dangers of lead exposure and recommends taking precautions.
  • Pet Agreement Addendum: If pets are allowed on the property, this addendum outlines the terms and conditions related to pet ownership, including restrictions on the number, size, and breed of pets, as well as any additional security deposits or fees.
  • Maintenance and Repair Policies: This document clarifies who is responsible for various maintenance and repair tasks within the rental property. It distinguishes between landlord and tenant responsibilities, helping to prevent disputes during the lease term.
  • Rules and Regulations Addendum: This addendum specifies the rules tenants must follow while residing in the property. It covers topics such as noise levels, parking restrictions, and use of common areas, ensuring that all tenants have a clear understanding of acceptable behavior.
  • Emergency Contact Information Form: Provides tenants with important contact details for emergencies, including the landlord's contact information, local emergency services, and preferred contractors for urgent repairs. This form enhances safety and preparedness for both tenants and landlords.

Together, these documents form a robust framework for a residential lease agreement. By addressing a wide range of potential issues and clarifying the terms of the tenancy, they help create a stable and positive landlord-tenant relationship. Ensuring that these forms are completed accurately and thoroughly is crucial for protecting the rights and responsibilities of both parties throughout the lease term.

Similar forms

The Florida Realtors Residential Lease form shares similarities with the Standard Residential Lease Agreement, commonly utilized across the United States for documenting the rental of residential property. Both establish a binding relationship between a landlord and a tenant, comprehensively detailing the terms of the lease, such as the duration, rent amount, and obligations of both parties concerning maintenance and utilities. These documents serve to protect the interests of both the property owner and the lessee, ensuring clarity on expectations and responsibilities, which minimizes potential disputes. Their structure and purpose mirror each other, aiming to lay a clear, legally-binding foundation for the rental arrangement.

Comparable to the Florida Residential Lease form is the Condominium Lease Agreement, specifically designed for condominium units. This type of agreement takes into account the unique aspects of renting a condo, such as adherence to the condominium association's rules and regulations, much like the Florida Realtors Residential Lease form highlights compliance with such guidelines. Both documents ensure tenants understand their rights and responsibilities within a community living environment, including common area use and any specific restrictions imposed by the governing body of the condominium complex, thereby aligning the tenant's lease obligations with the community's standards.

The Apartment Lease Agreement is another document that parallels the Florida Realtors Residential Lease form, especially tailored for apartment rentals. It addresses similar elements, such as lease term, rent payment schedule, security deposits, and conditions pertaining to the use of the rented premises. Both agreements specify maintenance obligations and the procedures for requesting and conducting repairs, illustrating comparable protections and expectations set for both tenant and landlord in apartment living scenarios. They are crafted to ensure that both parties have a clear, mutual understanding of the terms governing the tenancy.

Lastly, the Mobile Home Lease Agreement shares commonalities with the Florida Realtors Residential Lease form in terms of leasing property within a mobile home park or community. These documents focus on specific considerations relevant to mobile homes, such as space rental, community rules, and utilities, while also covering generic lease elements like duration, payments, and security deposits. Like the Florida Realtors Residential Lease form, a Mobile Home Lease Agreement encapsulates the provisions necessary for a fair and comprehensible rental of mobile home units or spaces, emphasizing the importance of compliance with the broader community's standards and regulations.

Dos and Don'ts

Filling out the Florida Realtors Residential Lease form accurately and carefully is essential for establishing a clear and enforceable agreement between landlord and tenant. Below are five recommended actions as well as five actions to avoid to ensure the lease agreement serves the interests of all parties involved.

Things to Do:

  1. Ensure that all parties have read and understood every part of the lease before signing, including all obligations and rights.

  2. Double-check that all blank spaces intended for names, dates, and other specifics are filled in accurately to avoid any ambiguity.

  3. Document the condition of the property before move-in by taking photographs and noting any existing damage to ensure clarity on responsibility for future repairs or maintenance.

  4. Keep a signed copy of the lease in a safe place for the duration stated in the document, as it is essential for legal reference, should any disputes arise.

  5. Review the clauses regarding the deposit, advance rent, and maintenance responsibilities to ensure that both parties are clear about their financial obligations and rights.

Things Not to Do:

  1. Avoid leaving any checkboxes unticked or spaces blank that should contain choices or specifics related to the property, rental period, or agreed-upon terms, as this could lead to disputes later.

  2. Do not sign the lease without ensuring that all parties understand their rights, especially around lease termination, subleasing, and maintenance responsibilities.

  3. Resist making verbal agreements that aren’t reflected in the lease. All agreements should be documented in the lease to be legally binding.

  4. Do not ignore the specific rules laid out for notice periods and methods of communication. These are crucial for legal compliance and maintaining a good landlord-tenant relationship.

  5. Avoid failing to document any agreed changes to the lease post-signing. Any amendments should be agreed upon in writing by all parties.

By following these guidelines, landlords and tenants can ensure a smoother, legally sound leasing process that protects the interests of all parties involved.

Misconceptions

  • People often believe that any alterations or improvements to the premises require legal or professional advice before proceeding. In truth, while the Florida Realtors Residential Lease form does mandate that the tenant obtain Landlord’s written consent for alterations or improvements, specific minor changes like hanging pictures or installing window treatments are typically permissible without such consent, provided that the tenant removes such items and repairs any resultant damage by the lease's end.

  • There's a common misconception that pet ownership always needs an upfront pet deposit, regardless of the situation. However, the lease specifies that unless a pet deposit has been paid or the box allowing pets is checked, the tenant must seek and receive written approval from the landlord for any pets on the premises.

  • Many assume that landlords can freely increase rent amount within the lease term. The lease requires that Landlord notifies Tenant if the amount of the tax on the lease payments changes, suggesting limits on arbitrary rent increases during the lease term.

  • Another misconception is that tenants are responsible for all maintenance and repairs. According to the lease, maintenance responsibilities are explicitly divided between the landlord and tenant, with landlords generally responsible for compliance with building codes and major repairs unless specified otherwise.

  • Some believe that the lease prohibits the tenant from any right to vacate the premises early under any circumstances. In fact, the lease provides particular conditions under which a tenant can terminate early, especially if they are a member of the United States Armed Forces or if casualty damage substantially impairs the use of the premises.

  • It’s often thought that the security deposit can be used by the landlord for purposes other than the tenant’s lease obligations. The lease clearly states that the landlord must keep the security deposit in a separate account for the benefit of the tenant, not to be commingled with the landlord’s funds or used until it is rightfully due to the landlord.

  • A widespread belief is that the landlord has unrestricted access to the property at any time. The lease specifies that while the landlord or their agent can enter the premises under certain conditions, such entry must generally be after reasonable notice to the tenant at reasonable times or in an emergency.

  • There is a commonly held view that the landlord is responsible for connecting and paying for all utilities. The lease stipulates that the tenant is responsible for utility hook-up, connection, and deposits, except for those specific utilities agreed to be provided at the landlord's expense.

  • Lastly, people often misconceive that the Florida Realtors Residential Lease doesn’t allow for any tenant defaults or lease terminations as a consequence. The lease references the Florida Residential Landlord and Tenant Act for procedures related to defaults by either party, offering clear guidance on remedies and actions that can be taken, ensuring protection for both landlords and tenants.

Key takeaways

When preparing and utilizing the Florida Realtors Residential Lease form for an apartment or unit in multi-family rental housing, individuals engaging in this process must acknowledge several critical facets integral to both tenants' and landlords' responsibilities. Here are some key takeaways to consider:

  • It is imperative for the licensee—usually the real estate agent or broker assisting with the lease—to provide their information at the beginning of the document and retain a copy of the lease for at least six years. This practice underscores the importance of maintaining accurate and accessible records of the lease agreement.
  • The lease form mandates clear communication regarding the ability to read English or the need for a translation, ensuring that all parties fully comprehend the terms of the lease. This stipulation highlights the importance of understanding legal documents to prevent misinterpretation and future disputes.
  • Before proceeding, it is crucial to recognize that the individual assisting with filling out the lease form, if not a lawyer, is restricted from offering legal advice. This distinction emphasizes the factual and administrative nature of their assistance, limiting it to typing the information provided into the form and possibly asking factual questions to complete it. It brings to light the value of legal advice in understanding one’s rights and the implications of the lease terms.
  • The lease explicitly identifies the obligations of both the landlord and the tenant, from lease term to property maintenance, and stipulates the financial arrangements including rent, deposits, and late charges. Understanding these provisions is crucial for both parties to ensure compliance and to facilitate a harmonious landlord-tenant relationship.
  • Last but not least, the lease form provides mechanisms for addressing defaults and remedies. It obliges tenants and landlords to refer to the Florida Residential Landlord and Tenant Act for detailed procedures on handling defaults. This inclusion is vital for empowering both parties to enforce their rights and seek redress in accordance with state law.

This comprehensive approach, built into the Florida Realtors Residential Lease form, facilitates a systematic yet flexible framework for leasing arrangements, underscoring the importance of legality, clarity, and mutual understanding in residential leases.

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