Florida Realtors Lease FAQs: Fees, Rules & Responsibilities Explained

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.