A handshake tenancy is legal in Florida, but nearly every rule that protects a landlord — deposit claims, clean termination, enforceable house rules — works better with a written lease that says the right things. Some of those things are not optional: Florida and federal law require specific disclosures in specific words.
The Required Disclosures
Depending on the property and payment terms, these disclosures may apply to a Florida residential lease:
- Radon gas: Section 404.056(5), Florida Statutes, requires an exact paragraph of radon language in rental agreements — verbatim, not paraphrased.
- Security deposits: if you collect a deposit or advance rent, Section 83.49 requires the lease to carry the statutory deposit disclosure describing the tenant's rights and your deadlines.
- Lead-based paint: for housing built before 1978, federal law (42 U.S.C. § 4852d) requires a lead-paint disclosure and the EPA pamphlet before the lease is signed.
The Terms That Prevent Disputes
Beyond the required language, the lease clauses that earn their keep are the ones that answer the questions fights are made of:
- Exactly who lives there — every adult tenant signs, and occupancy limits are stated.
- Rent mechanics — amount, due day, grace period if any, and what counts as rent (this matters later if you ever serve a three-day notice).
- Maintenance duties — Florida's Section 83.51 sets the landlord's baseline; the lease should allocate the rest (lawn, pests, filters).
- Entry rules — Section 83.53 governs when a landlord may enter; the lease should track it.
- Early termination — Florida's Section 83.595 lets you offer an optional early-termination fee capped at two months' rent, but only with the statutory addendum language.
Leases Longer Than One Year
One trap worth knowing: under Florida's statute of frauds (Section 689.01), a lease for a term longer than one year requires two witnesses to the landlord's signature.
Plan for witnesses at signing if you offer multi-year terms — or stick to one-year terms with renewals.
Get the Words Right Without Drafting From Scratch
Legacy Legal AI's Florida lease template includes configured radon, deposit, and lead-paint language, records the terms the user enters for rent, deposits, pets, and early termination, and produces a PDF for review before signing.
Frequently Asked Questions
Is a month-to-month tenancy better than a lease?
Month-to-month offers flexibility but lets either side end the tenancy on not less than 30 days' notice before the end of any monthly period (Section 83.57(3) — raised from 15 days in 2023) and makes rent changes easier. A fixed-term lease locks in rent and occupancy — most landlords prefer it for stability.
Can I use one generic lease for any state?
It's risky. The radon and deposit disclosures are Florida-specific statutes, and generic national forms routinely omit them or paraphrase them incorrectly.
Do both landlord and tenant need to sign?
Yes — and every adult who will live in the unit should sign as a tenant so the lease's obligations reach them all.