# What a Florida Residential Lease Must Include

Source: https://legacylegalai.com/guides/what-a-florida-lease-must-include
Reviewed for accuracy by attorneys from the Liu Estate Law Group, PLLC. Last reviewed October 5, 2026.

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:

- 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

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.