Short answer. Confirm the lease names the right parties, states the money terms clearly, includes the disclosures Florida and federal law require, and does not promise or waive things the law does not allow. Do it before signing, when changes cost nothing.
1. Parties and property
- Is the landlord named correctly? If an LLC owns the property, the lease should usually be in the LLC’s name.
- Are all adult occupants listed and bound by the lease?
- Is the unit described accurately, including parking, storage, or shared areas?
2. Term and renewal
- Start and end dates are clear.
- The lease says what happens when the term ends, including whether it becomes month-to-month.
- The notice needed to end a month-to-month tenancy is consistent with the current statute (see section 83.57).
3. Rent, fees, and deposits
- Amount, due date, and payment method are stated clearly.
- Any late fee is clearly specified in the lease.
- The security deposit amount and any other deposits are described.
- The lease discloses where and how the deposit is held, as Florida requires (see section 83.49), and the move-out process matches the statute’s timing for returning a deposit or giving notice of a claim on it.
4. Required disclosures
- Landlord and agent information: the name and address of the person authorized to manage the property and of the owner or person authorized to receive notices (section 83.50).
- Radon: Florida requires a specific radon notice in rental agreements (section 404.056).
- Lead-based paint: federal disclosure for most housing built before 1978.
- Flood disclosure: a separate flood disclosure for residential leases of one year or longer (section 83.512).
5. Maintenance and repairs
- Who handles what is stated clearly.
- The allocation is consistent with the statute. Florida limits how much of a landlord’s maintenance duty can be shifted to a tenant, and the options differ for single-family homes and duplexes (see section 83.51).
6. Access and entry
- The lease describes how the landlord gives notice before entering. Florida generally treats at least 24 hours’ notice as reasonable (see section 83.53).
- Emergency entry is addressed.
7. Rules, pets, and occupants
- Pet terms and any fees are described accurately, keeping in mind that assistance animals are treated differently from pets under fair housing law.
- Limits on subletting, assignment, and guests are stated.
8. Default, notices, and attorney fees
- The lease describes what counts as a violation and how notices will be sent.
- Notice terms do not conflict with statutory notice periods.
- Any attorney-fee provision is reviewed. Florida has a rule that makes fee provisions in residential leases work in both directions (see section 83.48).
9. Terms that may not hold up
Florida generally does not allow a residential lease to waive a tenant’s statutory rights or to excuse a landlord from certain liability (see section 83.47). A term like that can be unenforceable and can make a later dispute harder, so remove it rather than hope it will be enforced.
For help with a particular lease, see lease drafting and review.