Overview
A lease is a legally binding contract, so understanding every term before signing matters more than skimming for the highlights. In Miami, if a landlord uses a real estate agent, that agent can only use a lease drafted by Florida Realtors® and the Florida Bar — landlords managing directly can use other leases as long as they comply with Florida law. If the rental is a condo, expect the lease to be contingent on condo association approval as well. Here's what to look for before you sign.
Who Prepares the Lease?
The landlord, their agent, or a property manager typically drafts the lease and sends it to you for review and signature, often as a digital PDF. Even though the landlord prepares it, you're responsible for reviewing it carefully and asking questions before signing — once signed, you're bound by its terms, so make sure you're genuinely comfortable with everything in it.
What to Look for on the Lease
- Responsibilities of tenant and landlord: Who handles what — maintenance, repairs, utilities.
- Move-in date and prorated rent: Confirm your move-in date and whether rent is prorated for a mid-month start.
- Rent and deposit amounts: Make sure these match what you expected, and negotiate if they don't.
- Rent due date and late fees: Know the due date, any grace period, and the exact late fee amount.
- Payment methods: Confirm how the landlord expects rent — online, mail, or in person.
- Security deposit terms: Understand how the unit will be evaluated at move-out and what could affect your deposit's return.
- Maintenance and termination rules: Know your upkeep obligations and the notice required to end the lease and get your deposit back.
- Condo association terms: If it's a condo, expect the lease to be contingent on association approval, with related fees and deposits spelled out.
Types of Leases
The most common lease types tenants encounter:
Fixed-term lease: Runs for a set period, typically six months to a year, with a defined end date. This offers stability and clear expectations for both sides.
Month-to-month lease: More flexible, terminable by either party with proper notice. This suits tenants who need to move on shorter notice or aren't sure of their long-term plans.
In Miami, if a landlord uses a real estate agent to manage the property, that agent can only use the standard Florida Realtors®/Florida Bar lease form. Landlords managing directly can use attorney-drafted leases or other templates, as long as they comply with Florida landlord-tenant law. Whichever type you're signing, review the payment schedule, late fees, maintenance responsibilities, and termination terms carefully, and ask questions on anything unclear.
What Happens After You Sign
Once signed, you'll typically need to submit the first month's rent and any required security deposit to the landlord or a third-party escrow account, usually due at signing.
If the unit is a condo, you'll then need to apply to the condo association, which may request additional documentation before approving you. Once approved, a walkthrough gets scheduled, where you can inspect the unit, note any pre-existing damage or issues, and receive your keys.
The exact process can vary by property and landlord, so read your specific lease terms and ask questions along the way to keep the move-in process smooth.
