Florida Lease Agreement Requirements: What Landlords Must Include

Florida is one of the most active rental markets in the country. Miami, Orlando, Tampa, and Jacksonville collectively house millions of renters, and the state's population growth keeps demand high. But Florida landlord-tenant law has a few requirements that are specific enough, and the penalties for missing them sharp enough, that a generic lease template is a real liability here. The Florida Residential Landlord and Tenant Act, found in Chapter 83 of the Florida Statutes, governs every residential tenancy in the state and preempts any local rules that conflict with it.

Here is what Florida landlords are actually required to put in a lease.

Landlord Identity and Contact Information

Under Florida Statute § 83.50, the landlord or an authorized agent must disclose their legal name and current address in writing before or at the time the lease is signed. This is the address where the tenant can send legal notices and rent payments. If a property manager handles the unit, their name and address must also be included. This is not optional language buried in the fine print. It is a statutory requirement, and courts have found that a landlord who cannot demonstrate they made this disclosure properly loses certain procedural advantages in eviction proceedings.

The Radon Gas Disclosure: Exact Statutory Language Required

Florida is one of the few states that requires landlords to include a specific government-mandated paragraph in every lease longer than 45 days. This is the radon gas disclosure, required under Florida Statute § 404.056(5), and the exact wording is set by state law. The required text reads:

"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."

This language must appear in the lease verbatim. The Florida Department of Business and Professional Regulation has fined landlords and real estate agents for failing to include it. You cannot paraphrase it or substitute your own version.

Security Deposit Handling Notice

Florida has no cap on how much a landlord can charge for a security deposit. One month's rent is common, but two months is not unusual in higher-rent markets. What Florida does regulate strictly is how the deposit must be held and disclosed.

Under Florida Statute § 83.49, landlords who collect security deposits have three options: hold the funds in a non-interest-bearing Florida bank account, hold them in an interest-bearing account and pay the tenant either 75% of the annualized average interest rate or 5% simple annual interest (landlord's choice), or post a surety bond with the clerk of the circuit court in the county where the property is located.

For landlords with five or more rental units, the lease must include written notice within 30 days of receiving the deposit disclosing which method is being used, the name and address of the financial institution, and whether the account is interest-bearing. The lease must also include the full text of Florida Statute § 83.49(3). A landlord who fails to provide this notice forfeits the right to make any claim on the deposit at all. That is not a soft penalty. A landlord who collects $3,000 as a security deposit and fails to send the required written notice within 30 days loses the legal right to keep any of it, even for legitimate damages.

The return deadline depends on whether deductions are being made. If the landlord intends to return the full deposit with no deductions, it must go back to the tenant within 15 days of move-out. If the landlord intends to make deductions, written notice by certified mail must go out within 30 days, detailing the specific claims. The tenant then has 15 days to object. If the tenant does not object, the landlord returns the balance within 30 days of sending the notice.

Fire Protection Disclosure

For any unit located in a building taller than three stories, Florida Statute § 83.50 requires the landlord to disclose what fire protection systems are available in the building. This includes smoke detectors, sprinkler systems, fire extinguishers, escape plans, and any other relevant safety equipment. This disclosure must appear in the lease or be provided separately in writing before the tenant signs.

Lead-Based Paint

For any property built before 1978, the federal disclosure is required as in every state. The landlord must provide the EPA pamphlet "Protect Your Family from Lead in Your Home," disclose any known lead hazards in the unit, and include a lead warning statement in the lease. Florida does not have additional state-level lead paint requirements beyond the federal baseline, but the federal requirement applies to every pre-1978 rental in the state.

Known Mold, Sinkholes, and Flood Zone Status

Florida landlords must disclose known mold conditions in the unit. Given Florida's humidity and hurricane exposure, mold disputes are among the most common landlord-tenant conflicts in the state. A landlord who knows about a mold problem and does not disclose it faces potential liability well beyond any lease terms.

If the landlord knows the property has experienced sinkhole activity, that must be disclosed. Florida has significant sinkhole risk, particularly in central and northern parts of the state. A landlord renting a property with known sinkhole history who does not disclose it is not just looking at a lease dispute but potential fraud exposure.

Flood zone status must also be disclosed. If the property sits in a FEMA Special Flood Hazard Area, tenants are entitled to know that before signing. Florida's coastal exposure makes flood zone disclosure particularly relevant. Tenants who later discover their unit is in a flood zone they were not told about have grounds for serious legal action.

Fees in Lieu of Security Deposits

A 2023 law, HB 133, added a new option to Florida leases. Landlords may now offer tenants the choice of paying a non-refundable monthly fee instead of a traditional security deposit. If the landlord offers this option, the written agreement must include the specific fee amount, how and when it will be collected, the process for converting to a traditional deposit if the tenant defaults on the fee, and the statutory language required under Florida Statute § 83.491. This is not a replacement for a security deposit by default. It must be a documented offer and mutual agreement.

Notice Requirements and Month-to-Month Termination

As of January 1, 2024, Florida changed its notice requirement for terminating month-to-month tenan

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