Landlord & Rentals

What a Florida Residential Lease Must Include

Landlord & Rentals · 7 min read

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.

Self-help and legal-information notice: Legacy Legal AI is not a law firm and does not provide legal advice. This article provides general information about Florida law, not advice for your situation, and is not a substitute for the advice or services of a licensed Florida attorney.

The Required Disclosures

Depending on the property and payment terms, these disclosures may apply to a Florida residential lease:

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:

Leases Longer Than One Year

A lease for a term longer than one year must be in writing and signed (Section 689.01, Florida Statutes). The old rule that the landlord's signature on such a lease needed two subscribing witnesses is gone: since a 2020 amendment, Section 689.01 states that no subscribing witnesses are required for a lease of real property or any instrument pertaining to one.

So a multi-year term needs a signed written lease, not a witness ceremony. An oral agreement for a term longer than one year is not enforceable as a lease of that length.

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 puts them into a PDF the user reviews 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.

Explore the Florida Lease Template

Your first document is free. One per customer. Create an account and confirm your email — no card required. Bundles and attorney review are not included.

Enter your terms into a Florida-focused lease template with configured disclosure sections. Review the result and any additional requirements before signing.

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