If you’re renting a home or apartment through a licensed real estate agent in Florida, you are very likely being asked to sign the Florida Realtors® Residential Lease. This lease is a standardized form used across the state and is designed to clearly define rent, fees, rules, maintenance responsibilities, and how the lease begins and ends.
This FAQ explains how the Florida Realtors® lease works, what its key sections mean, and what tenants should understand before signing. While other lease types exist, this guide focuses specifically on the Florida Realtors® lease structure and language.
Key Takeaway
The Florida Realtors® Residential Lease is the standard lease most often used by real estate agents in Florida. It clearly defines costs, responsibilities, rules, and expectations for both tenants and landlords. Understanding how this lease works before signing helps renters avoid surprises and make informed decisions.
What Is the Florida Realtors® Residential Lease?
The Florida Realtors® Residential Lease is a standardized lease form used by real estate agents throughout Florida when representing landlords in rental transactions. It is designed to be comprehensive, consistent, and aligned with common Florida leasing practices.
Because it is standardized, many tenants will see:
The same layout and section order
Similar fee and deposit language
Consistent maintenance and responsibility clauses
This makes it easier for tenants, landlords, and agents to understand expectations and reduce disputes.
Why Do Real Estate Agents Use the Florida Realtors® Lease?
Real estate agents commonly use this lease because it:
Clearly outlines financial obligations and rules
Separates tenant vs landlord responsibilities
Includes required disclosures
Reduces ambiguity and miscommunication
Is familiar to agents, landlords, and many renters
Using a standardized lease helps ensure everyone is working from the same baseline.
What Costs Are Typically Required at Signing Under the Florida Realtors® Lease?
The Florida Realtors® lease typically itemizes all move-in costs, which may include:
First month’s rent
Security deposit
Advance rent, if applicable
Non-refundable administrative or move-in fees
Pet-related deposits, fees, or monthly pet rent (if pets are allowed)
Each charge is clearly labeled so tenants know which amounts are refundable and which are not.
What Is the Difference Between a Security Deposit and Advance Rent in This Lease?
Under the Florida Realtors® lease:
A security deposit is held to cover unpaid rent or damage beyond normal wear and tear
Advance rent is rent paid ahead of the rental period and is applied toward future rent
They are listed separately and handled differently. Advance rent is not used for damages.
How Is the Security Deposit Held Under the Florida Realtors® Lease?
The lease requires the landlord to disclose how the security deposit is held, which may include:
A non-interest-bearing account
An interest-bearing account
If interest is earned, the lease specifies whether the tenant receives the interest or whether it is retained by the landlord. These details must be disclosed upfront.
What Does the Florida Realtors® Lease Say About Normal Wear and Tear?
The lease distinguishes between:
Normal wear and tear, which is expected from ordinary use over time
Damage, which results from misuse, neglect, or failure to report issues
Normal wear and tear cannot be deducted from the security deposit. Damage may be deducted if allowed under the lease and properly documented.
Who Is Responsible for Maintenance Under the Florida Realtors® Lease?
The Florida Realtors® lease clearly divides maintenance responsibilities:
Landlord responsibilities typically include major maintenance, structural components, and major system or appliance failures
Tenant responsibilities typically include cleanliness, minor upkeep, and preventing damage
Tenants are also required to report maintenance issues promptly.
What Is the Major Maintenance or Major Replacement Threshold?
The Florida Realtors® lease commonly includes a major maintenance or major replacement threshold, typically set between $100 and $200, with $150 being common.
Repairs exceeding this threshold are considered major maintenance and are generally the landlord’s responsibility. Repairs at or below the threshold may be considered minor maintenance and may be the tenant’s responsibility if stated in the lease.
Example:
A $75 toilet handle repair may fall under minor maintenance.
A $450 toilet replacement exceeds the threshold and is considered major maintenance, making it the landlord’s responsibility.
Which Utilities Are Included Under the Florida Realtors® Lease?
The lease specifically lists which utilities, if any, are included in rent. Any utility not listed as included is typically the tenant’s responsibility. This prevents assumptions and disputes.
When Can a Landlord Enter the Unit Under This Lease?
The Florida Realtors® lease allows landlord entry for specific reasons, such as:
Repairs or inspections
Emergencies
Showing the unit to future tenants or buyers
Notice is typically required except in emergencies, as outlined in the lease.
Are There Rules About Guests, Occupancy, and Pets?
Yes. The Florida Realtors® lease includes sections that address:
Occupancy limits
Guest duration
Pet approval, deposits, fees, and pet rent
Service and assistance animals are handled separately under applicable rules.
Can Rent or Fees Change During the Lease Term?
No. Under the Florida Realtors® lease, rent and fees generally cannot be changed during the lease term unless both parties agree in writing. Changes usually occur only at renewal.
What Happens If a Tenant Wants to End the Lease Early?
The Florida Realtors® lease may include early termination provisions or liquidated damages clauses that explain the cost of ending the lease early. Tenants should review this section carefully before signing.
What Happens at Move-Out Under the Florida Realtors® Lease?
At move-out, tenants are expected to:
Return the unit clean
Avoid damage beyond normal wear and tear
Return all keys and access devices
The landlord then determines whether any security deposit deductions apply and must follow the notice and return process outlined in the lease.
Can Landlords Use a Different Lease Instead?
Yes. Landlords in Florida may use other lease forms, such as:
A lease drafted by an attorney
A property management company’s lease
A landlord-created lease
However, when renting through a real estate agent, the Florida Realtors® lease is the most commonly used form. Regardless of the lease type, the signed lease controls.
Important Disclaimer
This article is based on standard provisions commonly found in the Florida Realtors® Residential Lease and reflects typical leasing practices in Florida. It is provided for general informational purposes only and is not legal advice. Always review your full lease agreement for exact terms.