RESIDENTIAL LEASE AGREEMENT

(Florida – Chapter 83, Part II, Florida Statutes)

[// GUIDANCE: This template is intended for use with Florida residential tenancies only. Review and customize bracketed placeholders, optional provisions, and statutory references before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease of Premises
   3.2 Term
   3.3 Rent and Additional Charges
   3.4 Security Deposit
   3.5 Use and Occupancy
   3.6 Maintenance; Habitability Standards
   3.7 Utilities and Services
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties.
This Residential Lease Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [LEGAL STATUS & STATE OF ORGANIZATION] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” collectively with Landlord, the “Parties,” and each a “Party”).

1.2 Property.
Landlord is the fee simple owner of the residential real property and improvements located at [PROPERTY ADDRESS], including all appurtenances, fixtures, and common areas thereto (the “Premises”).

1.3 Consideration & Intent.
In consideration of the mutual covenants herein, the sufficiency of which is acknowledged, Landlord agrees to lease the Premises to Tenant, and Tenant agrees to lease the Premises from Landlord, subject to the terms of this Agreement and Florida’s Residential Landlord-Tenant Act, Fla. Stat. § 83.40 et seq.

2. DEFINITIONS

The following capitalized terms shall have the meanings set forth below. Any term used in the singular shall include the plural and vice-versa unless the context clearly dictates otherwise.

“Applicable Law” – All federal, state, county, and municipal statutes, ordinances, regulations, and judicial orders (collectively “Laws”) governing residential tenancies in Florida, including, without limitation, Chapter 83, Part II, Florida Statutes.

“Business Day” – Any day other than Saturday, Sunday, or legal holiday in the State of Florida.

“Default Rate” – The lesser of (i) [DEFAULT INTEREST RATE]% per annum or (ii) the maximum rate permitted under Applicable Law.

“Lease Term” – The period commencing on the Commencement Date and expiring on the Termination Date, as each is defined in Section 3.2.

“Rent” – Collectively, Base Rent, Additional Rent, and any other monetary sums payable by Tenant to Landlord under this Agreement.

“Security Deposit” – The amount described in Section 3.4, held in accordance with Fla. Stat. § 83.49.

[// GUIDANCE: Add or remove definitions to match customized provisions.]

3. OPERATIVE PROVISIONS

3.1 Lease of Premises

3.1.1 Grant. Landlord hereby leases the Premises to Tenant, and Tenant hereby accepts such lease, for residential purposes only.
3.1.2 Condition on Delivery. Landlord shall deliver the Premises in clean, safe, and code-compliant condition, consistent with Section 83.51, Fla. Stat.

3.2 Term

3.2.1 Commencement Date: [MM/DD/YYYY]
3.2.2 Termination Date: [MM/DD/YYYY]
3.2.3 Holding Over. Holdover occupancy without Landlord’s written consent shall convert to a month-to-month tenancy subject to all terms herein and a Rent increase to [HOLDOVER RENT AMOUNT] per month.

3.3 Rent and Additional Charges

3.3.1 Base Rent. Tenant shall pay to Landlord monthly base rent of $[AMOUNT] (“Base Rent”) in advance on or before the first (1st) calendar day of each month.
3.3.2 Manner of Payment. Rent shall be paid by [PAYMENT METHOD(S)] at [PAYMENT ADDRESS / ONLINE PORTAL] or such other place as Landlord designates in writing.
3.3.3 Late Charge. If Rent is not received by 5:00 p.m. on the [___] day after due, Tenant shall pay a late fee of [LATE FEE DOLLAR AMOUNT OR %] plus interest at the Default Rate.
3.3.4 Returned Payments. Returned checks or rejected electronic transfers shall incur a service fee of [RETURN FEE] in addition to Applicable Law remedies.

3.4 Security Deposit

3.4.1 Amount. Upon execution, Tenant shall deposit $[DEPOSIT AMOUNT] (“Security Deposit”) with Landlord, to secure Tenant’s performance.
3.4.2 Statutory Holding Requirements. Pursuant to Fla. Stat. § 83.49(1):
a. The Security Deposit shall be held in:
(i) ☐ a non-interest-bearing Florida banking institution; OR
(ii) ☐ an interest-bearing Florida banking institution; OR
(iii) ☐ a surety bond posted by Landlord.
b. Landlord shall provide written notice to Tenant within thirty (30) days after receipt of the Security Deposit that complies with § 83.49(2).
3.4.3 Return / Claim. Within fifteen (15) days after vacating, Landlord shall return the Security Deposit with accrued interest, if any, unless Landlord intends to impose a claim, in which case written notice stating the claim and reason must be sent by certified mail within thirty (30) days as required by § 83.49(3).
3.4.4 Assignment. Upon lawful sale or transfer of the Premises, Landlord may transfer the Security Deposit in accordance with § 83.49(7), releasing Landlord from liability.

3.5 Use and Occupancy

3.5.1 Permitted Use. Residential occupancy by no more than [MAX OCCUPANTS] persons listed on Exhibit A (Occupant Schedule).
3.5.2 Prohibited Acts. Tenant shall not:
a. Violate any Laws or Homeowners’ Association rules;
b. Commit waste or nuisance;
c. Permit smoking ☐ inside ☐ outside;
d. Keep pets except as expressly authorized in Exhibit B (Pet Addendum).
3.5.3 Quiet Enjoyment. Landlord shall not disturb Tenant’s lawful possession, subject to Landlord’s right of access under § 83.53.

3.6 Maintenance; Habitability Standards

3.6.1 Landlord Obligations. Landlord shall maintain the Premises in compliance with § 83.51, including but not limited to:
a. Functioning heating, plumbing, and electrical systems;
b. Pest control;
c. Structural components in good repair.
3.6.2 Tenant Obligations. Tenant shall, pursuant to § 83.52:
a. Keep the Premises clean and sanitary;
b. Properly dispose of garbage;
c. Use appliances reasonably;
d. Not destroy, deface, damage, impair, or remove any part of the Premises.
3.6.3 Notice of Noncompliance. Tenant shall provide written notice to Landlord of any violation; Landlord shall cure within seven (7) days unless impossible, in which case as soon as reasonably practicable.

3.7 Utilities and Services

3.7.1 Tenant Responsible Utilities: [LIST UTILITIES]
3.7.2 Landlord Responsible Utilities: [LIST UTILITIES]
3.7.3 Interruption. Temporary interruption for repairs or force majeure shall not constitute constructive eviction or entitle Tenant to abatement unless required by Law.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that it has full right, power, and authority to enter into and perform this Agreement.

4.2 Habitability. Landlord warrants that, as of the Commencement Date, the Premises are fit for residential use and free of latent defects known to Landlord.

4.3 No Hazardous Materials. Landlord has no actual knowledge of mold, asbestos, lead-based paint (if Premises built after 1978), or other hazardous substances except as disclosed in Exhibit C.

4.4 Survival. Representations and warranties shall survive the expiration or earlier termination of this Agreement to the extent necessary to enforce their terms.

5. COVENANTS & RESTRICTIONS

5.1 Insurance. Tenant shall obtain and maintain, at its cost, renter’s insurance with minimum liability coverage of $[COVERAGE AMOUNT] per occurrence, naming Landlord as additional insured where permissible.

5.2 Alterations. Tenant shall not make alterations without Landlord’s prior written consent; any approved alterations shall become Landlord’s property unless otherwise agreed.

5.3 Entry & Inspection. Landlord may enter upon twenty-four (24) hours’ written notice for inspections, repairs, or to show the Premises, except in emergencies under § 83.53(2).

5.4 Compliance With HOA / Condo Rules. Tenant shall comply with all recorded declarations, bylaws, and rules affecting the Premises and shall bear any fines or assessments arising from Tenant’s conduct.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following constitutes an “Event of Default”:
a. Non-payment of Rent within three (3) days after written notice (Fla. Stat. § 83.56(3));
b. Material violation of Section 5.2, 5.3, or 5.4 not cured within seven (7) days after notice (§ 83.56(2)(b));
c. Failure to vacate upon expiration;
d. Bankruptcy or insolvency of Tenant.

6.2 Landlord Remedies. Upon an Event of Default, Landlord may, subject to Applicable Law:
a. Terminate this Agreement by written notice;
b. Accelerate all Rent due through the Termination Date;
c. Seek possession via summary procedure under § 83.59;
d. Apply the Security Deposit toward unpaid sums;
e. Recover actual damages, costs, and reasonable attorney fees.

6.3 Tenant Remedies. If Landlord materially fails to maintain the Premises per § 83.51 and does not cure within seven (7) days after Tenant’s written notice, Tenant may:
a. Terminate this Agreement (§ 83.56(1)); or
b. Withhold Rent into the court registry pursuant to § 83.60.

6.4 Mitigation. Landlord shall use commercially reasonable efforts to mitigate damages.

7. RISK ALLOCATION

7.1 Indemnification by Tenant. To the fullest extent permitted by Law, Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, damages, liabilities, and expenses arising out of (i) Tenant’s use or occupancy of the Premises, (ii) Tenant’s breach of this Agreement, or (iii) any negligent or willful act or omission of Tenant or Tenant’s guests.

7.2 Limitation of Liability. Landlord’s aggregate liability under this Agreement shall not exceed the amount of the Security Deposit actually held by Landlord at the time a claim arises, except for claims arising from Landlord’s gross negligence or willful misconduct.

7.3 Force Majeure. Neither Party shall be liable for failure to perform caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, governmental orders, or utility failures; provided, however, Tenant’s obligation to pay Rent is excused only to the extent required by Applicable Law.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties submit to the exclusive jurisdiction of the state housing or county court sitting in [COUNTY NAME] County, Florida for any action arising under this Agreement.

8.3 Arbitration Excluded. The Parties expressly agree that disputes shall not be subject to arbitration unless mutually agreed in a future signed writing.

8.4 Jury Trial Waiver. TO THE EXTENT PERMITTED BY THE FLORIDA CONSTITUTION AND APPLICABLE LAW, EACH PARTY VOLUNTARILY, KNOWINGLY, AND IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS AGREEMENT.

8.5 Injunctive Relief. Nothing herein shall limit Landlord’s right to seek injunctive or equitable relief, including, without limitation, writs of possession and eviction remedies under Chapter 83.

9. GENERAL PROVISIONS

9.1 Amendments; Waivers. No amendment or waiver shall be binding unless in a signed writing. A Party’s waiver of any breach shall not be deemed a waiver of any other or subsequent breach.

9.2 Assignment and Subletting. Tenant shall not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Successors and Assigns. Subject to Section 9.2, this Agreement binds and benefits the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to be valid.

9.5 Integration. This Agreement, together with all exhibits and addenda, constitutes the entire agreement, superseding all prior or contemporaneous oral or written agreements regarding the Premises.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals and binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _____
Name: ____
Title: _____
Date: ____

TENANT:

[TENANT LEGAL NAME]
Date: ________

[Optional notary acknowledgment and/or two (2) subscribing witnesses if desired.]

EXHIBIT A – OCCUPANT SCHEDULE

[List all authorized occupants, relationship to Tenant, and ages if minors.]

EXHIBIT B – PET ADDENDUM (If Applicable)

[Detail approved pets, deposits, restrictions, and additional rent.]

EXHIBIT C – HAZARDOUS MATERIALS DISCLOSURE (If Applicable)

[Lead-Based Paint Disclosure, Radon Gas, Mold, etc.]

[// GUIDANCE: Attach required lead-based paint disclosures for pre-1978 housing, radon gas disclosure per § 404.056, Fla. Stat., and any county-specific addenda.]