When reviewing the Florida Realtors® Residential Lease, one of the most common points of confusion for renters is the section dealing with non-refundable fees. Many tenants assume all upfront payments are treated the same, when in reality the lease intentionally separates rent, deposits, and non-refundable fees, each with a different purpose.
This guide explains how non-refundable fees work under the Florida Realtors® lease, why they exist, what they are (and are not) used for, and how they differ from security deposits.
Key Takeaway
Under the Florida Realtors® Residential Lease, non-refundable fees are clearly separated from security deposits and rent. They are one-time charges meant to cover upfront costs and are not returned at move-out, regardless of property condition. Understanding this distinction helps tenants avoid confusion and evaluate the true cost of renting before signing.
What Are Non-Refundable Fees in the Florida Realtors® Lease?
Non-refundable fees are one-time charges paid at or before move-in that are not returned at move-out, regardless of how well the tenant maintains the property.
Under the Florida Realtors® lease, these fees must be:
Clearly identified as non-refundable
Listed separately from the security deposit
Agreed to in writing before move-in
They are not tied to damage, wear and tear, or lease compliance after move-in.
Why the Florida Realtors® Lease Separates Fees From Deposits
The Florida Realtors® lease is structured to avoid one of the most common rental disputes: misunderstanding what money can and cannot be returned.
By separating:
Rent
Security deposits
Advance rent
Non-refundable fees
The lease makes it clear which funds are protected and which are not.
This separation exists to prevent situations where tenants expect a refund for charges that were never intended to be refundable.
Common Types of Non-Refundable Fees in the Florida Realtors® Lease
While specific fees vary by property, common non-refundable fees under the Florida Realtors® lease may include:
Administrative or processing fees
Move-in or setup fees
Cleaning fees (if clearly disclosed as non-refundable)
Application fees (often handled separately before lease signing)
Certain pet-related fees (distinct from pet deposits)
Each fee must be explicitly labeled as non-refundable to be enforceable.
What Non-Refundable Fees Are Not
This distinction is critical.
Non-refundable fees are not:
A security deposit
A damage reserve
A replacement for cleaning up tenant damage
A credit toward rent
A penalty for future lease violations
Once paid, the fee does not get applied to anything else and is not reconsidered at move-out.
How Non-Refundable Fees Differ From a Security Deposit
The Florida Realtors® lease treats non-refundable fees and security deposits very differently.
Security deposits:
Are refundable (subject to deductions)
Can only be used for unpaid rent or damage beyond normal wear
Must follow strict notice and return procedures
Non-refundable fees:
Are not returned
Are not tied to damage or condition
Do not require itemization at move-out
Are earned by the landlord once paid
This distinction is intentional and central to how the lease operates.
Alternative to a Security Deposit: Fee Option
In Florida, there is now a law that gives tenants and landlords an option instead of paying a traditional security deposit. Under this provision, if a lease would require a security deposit, the landlord may offer the tenant a non-refundable fee in its place. This fee is paid at the beginning of the lease or spread over monthly charges, and it is clearly identified in the lease as an alternative option.
This fee does not act as a security deposit; it is not refundable and is not returned at move-out. Instead, it simply allows a tenant to secure the property without having to pay a larger deposit up front. If a tenant prefers the traditional deposit option, they can choose that instead.
Example:
A property normally requires a $1,500 security deposit. Instead, the landlord offers a $75 monthly fee as an alternative. If the tenant accepts the fee option, they pay the $75 each month and do not pay the $1,500 deposit. At move-out, the fee is not returned, even if the unit is in perfect condition.
How the Fee Option Works With Other Obligations
Choosing the fee does not change any other part of the lease. Rent, responsibility for damage, and other charges still apply just as they would if a security deposit were paid. The fee simply replaces the requirement to hold money as a security deposit.
Importantly:
The fee must be offered in writing.
Tenants must be informed that they can choose a traditional deposit instead.
The fee does not limit the landlord’s ability to recover unpaid rent or damages — it only replaces the source of financial assurance.
Example:
If a tenant chooses the fee option but still causes damage beyond normal wear and tear, the landlord can pursue compensation for that damage. The fee does not cap or eliminate the tenant’s liability; it only replaces the deposit requirement.
Common Tenant Misunderstandings About Non-Refundable Fees
“If I leave the unit clean, I should get this back.”
Not if the lease clearly states the fee is non-refundable.
“This fee replaces the security deposit.”
It does not. Non-refundable fees and deposits serve entirely different purposes.
“The landlord can use this fee to cover damage.”
Damage is handled through the security deposit, not non-refundable fees.
Why Landlords Use Non-Refundable Fees
From the landlord’s perspective, non-refundable fees are used to offset real, upfront costs associated with placing a tenant, such as:
Administrative processing
Coordination and setup
Turnover costs that occur regardless of tenant behavior
These costs exist even when a tenant leaves the property in perfect condition.
How This Affects Tenants Financially
For tenants, non-refundable fees:
Increase upfront move-in costs
Should be evaluated as part of the total cost of renting
Should not be expected back under any circumstances
Understanding this before signing helps tenants budget accurately and avoid frustration at move-out.
How to Spot Non-Refundable Fees in the Florida Realtors® Lease
The Florida Realtors® lease typically:
List non-refundable fees separately
Uses clear language stating they are non-refundable
Distinguishes them from deposits and advance rent
Tenants should review this section carefully before signing and ask questions if anything is unclear.
Can a Landlord Add New Non-Refundable Fees Later?
No. Under the Florida Realtors® lease, fees generally cannot be added or changed during the lease term unless both parties agree in writing. Non-refundable fees must be disclosed and agreed to upfront.
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.