At a glance
- Who this is for
- Landlords starting to rent a home, duplex, or multifamily unit, and owners whose current lease has caused problems.
- Problems it addresses
- Generic forms that do not fit the property, missing disclosures, unclear rent and deposit terms, and provisions that may not be enforceable.
- What Radke Law does
- Drafts a lease tailored to the property or reviews the one you have and explains what to change and why.
- Why Radke Law
- Peter Radke owns rental property and reads a lease the way a landlord has to live with it.
- How to start
- Call (813) 586-4242 or use the form. Send the current lease if you have one.
Why the lease matters
Most landlord disputes come back to the lease. If the rent, deposit, rules, and notice terms are clear and consistent with Florida law, many problems never start. If they are vague, missing, or copied from a form that does not fit the property, the landlord often discovers that only after something goes wrong.
A lease also affects what happens in an eviction. A notice and complaint have to match what the lease and the statutes actually say.
Drafting vs. review
Lease drafting
A lease written for your property and how you manage it, covering the terms that matter for a single-family home, a duplex, or a multifamily unit.
Lease review
A review of a lease you already use or are about to sign, with a plain-language list of what to fix, add, or remove.
What a Florida residential lease should address
- The parties and the property. Correct legal names, including the LLC if one owns the property, and an accurate description of the unit.
- Term and renewal. Start and end dates, what happens at the end, and whether the tenancy converts to month-to-month.
- Rent. Amount, due date, where and how to pay, and any late fee, stated clearly.
- Security deposit and other deposits. Amount, where it is held, and how it is handled at move-out.
- Occupants, pets, and use. Who may live there, pet rules, and limits on subletting or assignment.
- Maintenance and repairs. Who is responsible for what, consistent with what Florida allows.
- Entry and access. How the landlord gives notice before entering.
- Default and remedies. What counts as a violation and how notices will be handled.
- Insurance, rules, and association requirements. Renter’s insurance if required and any HOA or condo rules.
Disclosures to check
Florida and federal law require certain information to be given to tenants. Which ones apply depends on the property and the lease. Common items include:
- Landlord and agent information. Florida requires written disclosure of the name and address of the person authorized to manage the premises and of the owner or person authorized to receive notices.
- Security deposit handling. Florida has specific disclosure requirements about how and where a deposit is held.
- Radon. Florida requires a specific radon gas notice in rental agreements.
- Lead-based paint. Federal law requires disclosures for most housing built before 1978.
- Flood disclosure. Florida requires a separate flood disclosure for residential leases with a term of one year or longer.
These requirements are amended from time to time, so check a lease against current law rather than assuming it is up to date. For a fuller checklist, see what a landlord should review before signing a residential lease.
Terms Florida law limits
Not every term a landlord wants is enforceable. Florida generally does not allow a residential lease to waive a tenant’s statutory rights, and some notice and maintenance rules cannot simply be written around. A lease that overreaches can be unenforceable in part and can make a later dispute harder.
A template is a starting point. Online forms may be out of date or written for another state. They also rarely account for an LLC owner, a multifamily building, or a property manager.
Frequently asked questions
Can I just use a template lease?
You can, but templates may be outdated, may omit required disclosures, and may not fit your property. Having an attorney review a template before you use it is often a practical middle step.
Can a lease shorten the notice a landlord must give?
Generally, a lease cannot override notice requirements set by Florida statute. Review the lease against current law before relying on it.
Should my LLC be named as the landlord?
If the LLC owns the property, the lease should usually be in the LLC’s name. That also affects who can bring an eviction in court. See Can an LLC owner handle an eviction?
What if a lease is already signed and has problems?
A signed lease can often still be improved going forward, for example at renewal, by addendum, or by correcting a missing disclosure. Review it first to see what can be fixed.