The Florida Realtors® Residential Lease Explained

A Practical, Section-by-Section Handbook for Florida Renters

If you are renting a home or apartment through a licensed real estate agent in Florida, you are almost certainly being asked to sign the Florida Realtors® Residential Lease. This lease is the standard form used by real estate agents across the state and governs a significant portion of Florida’s residential rental transactions each year.

Despite how common it is, most renters sign this lease without fully understanding how it works, what each section actually means in practice, or how it affects them during the lease term and at move-out.

This handbook explains the Florida Realtors® Residential Lease section by section, in plain English, with real-world context, common misunderstandings, and practical examples. A copy of the lease is provided alongside this guide for reference.

Final Takeaway

The Florida Realtors® Residential Lease is long because it is designed to anticipate real-world issues and reduce disputes. Understanding how each section works allows tenants to make informed decisions, avoid surprises, and navigate their lease with confidence.

What the Florida Realtors® Residential Lease Is (and Why It Exists)

The Florida Realtors® Residential Lease is a standardized lease form designed for use by licensed real estate agents representing landlords. Its purpose is not to favor one party over the other, but to standardize expectations, reduce ambiguity, and address the most common issues that arise during a tenancy.

This lease exists because rental disputes most often stem from:

• Unclear financial terms

• Misunderstood maintenance responsibilities

• Assumptions about deposits and fees

• Disagreements at move-out

By addressing these topics upfront and in writing, the lease aims to prevent disputes rather than resolve them after the fact.

Section 1: Parties and Property Information

This section establishes who is legally bound by the lease and what property is covered.

It lists:

• The legal name of the landlord

• The legal name(s) of the tenant(s)

• The full property address and unit number

• Any included fixtures, appliances, or furnishings

This section matters because only the parties listed here are legally responsible under the lease.

Common misunderstanding:

People sometimes assume that a roommate or partner living in the unit automatically has rights under the lease. If they are not listed, they generally do not.

Practical example:

If one tenant stops paying rent, every tenant listed in this section may still be fully responsible for the total rent.

Section 2: Lease Term

The lease term defines when the tenancy begins and when it ends.

This section specifies:

• The start date

• The end date

• That the lease is a fixed-term agreement

  
  

During this period, both parties are expected to follow the lease exactly as written. Rent and major terms generally cannot be changed unless both parties agree in writing.

Why this section exists:

It prevents mid-lease surprises and ensures stability for both tenant and landlord.

Practical example:

If your lease runs from August 1 to July 31, the landlord cannot increase rent in January unless the lease specifically allows it or you agree in writing.

Section 3: Rent and Payment Terms

This section establishes the financial structure of the tenancy.

It explains:

• The monthly rent amount

• When rent is due

• Where and how rent must be paid

• Grace periods

• Late fees

• Returned payment fees

This section is one of the most important parts of the lease because rent issues are the most common cause of enforcement actions.

Common misunderstanding:

A grace period does not mean rent is “not due” until the grace period ends. Rent is still due on the stated due date; the grace period only delays late fees.

Practical example:

If rent is due on the 1st with a grace period through the 5th, payment on the 6th may trigger a late fee automatically.

Section 4: Advance Rent and Other Charges

This section separates advance rent from other fees and deposits.

Advance rent is rent paid ahead of the rental period and is applied toward future rent, not damages.

The lease may also list:

• Administrative fees

• Move-in fees

• Other non-refundable charges

Why this distinction matters:

Advance rent is handled differently from deposits and must not be confused with refundable amounts.

Practical example:

If you pay the first month’s rent and advance rent at signing, the advance rent may apply to your final month, while fees are not returned.

Section 5: Security Deposit

This section governs how the security deposit works from start to finish.

It explains:

• The deposit amount

• How it is held

• Whether it earns interest

• What it can be used for

• How and when it must be returned

The deposit exists to cover unpaid rent or damage beyond normal wear and tear, not routine aging of the unit.

Common misunderstanding:

Many tenants believe the deposit automatically covers the last month’s rent. Under this lease, it generally does not, unless explicitly agreed.

Practical example:

Leaving the unit clean with only normal wear should result in the deposit being returned, while damage must be itemized.

Section 6: Utilities

This section clearly allocates utility responsibility.

It lists which utilities are included in rent and which are the tenant’s responsibility.

Anything not listed as included is typically paid by the tenant.

Why this matters:

Assumptions about utilities are a common source of conflict.

Practical example:

If water is included but electricity is not, the tenant must set up the electric account and keep it active during the lease.

Section 7: Maintenance and Repairs

This section separates minor upkeep from major maintenance.

Typically:

Landlords handle structural components, major systems, and major appliance failures.

Tenants handle cleanliness, minor upkeep, and preventing damage.

Tenants are also required to report issues promptly.

Common misunderstanding:

Tenants sometimes assume all repairs are the landlord’s responsibility, which is not always the case.

Practical example:

Replacing light bulbs is typically the tenant's responsibility; replacing a failed AC system is typically the landlord's responsibility.

Section 8: Major Maintenance or Major Replacement Threshold

This clause defines when a repair becomes major maintenance.

The threshold is commonly between $100 and $200, with $150 being typical.

Repairs above the threshold are generally the landlord's responsibility. Repairs below it may be the tenant's responsibility if stated.

Why this exists:

It protects tenants from large repair bills and gives landlords cost clarity.

Practical example:

A $75 toilet repair may be minor. A $900 appliance replacement is major maintenance and falls to the landlord.

Section 9: Use of the Property and Rules

This section governs how the property may be used.

It often covers:

• Occupancy limits

• Guest rules

• Pet policies

• Noise and nuisance standards

• Prohibited activities

Why this matters:

These rules often stem from building, association, or zoning requirements.

Practical example:

Allowing an extra occupant beyond the lease limit may violate both the lease and building rules.

Section 10: Entry and Access

This section balances tenant privacy with landlord access needs.

It allows entry for:

• Repairs

• Inspections

• Emergencies

• Showings

Notice is typically required except in emergencies.

Practical example:

A landlord may enter immediately for a burst pipe, but must provide notice for routine inspections.

Section 11: Alterations and Improvements

This section limits changes to the property.

Tenants generally may not paint, modify, or install fixtures without written approval.

Why this exists:

It protects the property’s condition and resale value.

Practical example:

Installing shelving without permission may require restoration at move-out.

Section 12: Default and Remedies

This section explains what happens if the lease is violated.

It outlines:

• What constitutes default

• Available remedies

• Potential consequences

Why this matters:

It clarifies escalation paths and enforcement expectations.

Section 13: Early Termination

If included, this section explains:

• Whether early termination is allowed

• Associated costs or liquidated damages

Practical example:

Paying an early termination fee may release a tenant from further rent obligations.

Section 14: End of Lease and Move-Out

This section governs the move-out process.

It explains:

• Condition requirements

• Key return

• Deposit handling

Practical example:

Leaving damage or missing keys may result in deductions.

Can Landlords Use a Different Lease?

Yes. Landlords may use other leases, but the Florida Realtors® lease is the standard used by agents. Regardless of the form, the signed lease controls.

Important Disclaimer

This handbook is based on standard provisions commonly found in the Florida Realtors® Residential Lease and is provided for general informational purposes only. It is not legal advice. Always review your full lease agreement for exact terms.