What Should Be in a Florida Lease Agreement? Required Disclosures and Key Clauses (2026)

Your lease is the single most important document in your rental. A strong one protects your income and your property. A weak or non-compliant one can cost you an eviction, a deposit dispute, or worse. Florida law requires specific written disclosures, and leaves out clauses many owners forget. Here is what a Florida lease agreement must include in 2026, both the legally required disclosures and the key clauses every owner should have.
The quick answer
Florida requires a few specific disclosures in or alongside a lease: the landlord’s name and address, a radon gas notice, and, for homes built before 1978, a federal lead-based paint disclosure. Larger owners also owe a security deposit disclosure. Beyond those legal requirements, a solid lease clearly spells out rent, term, deposit, maintenance, and the rules. Missing pieces can make your lease hard to enforce when you need it most.
Required disclosures in a Florida lease
- Landlord’s name and address (Statute 83.50): you must disclose in writing, at or before the start of the tenancy, the name and address of the landlord or the person authorized to receive notices on your behalf.
- Radon gas notice (Statute 404.056): Florida requires a specific radon warning on a document or application signed at or before the rental agreement. It does not apply to short stays of 45 days or less.
- Lead-based paint (federal law): for any home built before 1978, you must disclose known lead paint hazards and give the tenant the EPA lead-paint pamphlet.
- Security deposit disclosure (Statute 83.49): owners who rent five or more units must tell the tenant, within 30 days, where the deposit is held and whether it earns interest. See our security deposit guide.
Skipping these is a common and avoidable mistake, and it can weaken your position in a dispute.
Key clauses every Florida lease should include
- The parties and the property: full legal names of all adult tenants and the exact address of the unit.
- Term: the start and end dates, and whether it is a fixed term or month to month.
- Rent: the amount, the due date, where and how to pay, plus any late fee and returned-check fee.
- Security deposit: the amount and the conditions for keeping or returning it.
- Maintenance: who is responsible for what, so repair duties are clear from day one.
- Occupancy and guests: who may live there and limits on long-term guests.
- Pets and assistance animals: your pet policy, and the fact that service animals and ESAs are not pets and cannot be charged pet fees.
- Utilities: which utilities the tenant pays and which you cover.
- Entry: your right to enter for repairs and inspections with reasonable notice. See when a Florida landlord can enter.
- Rules and default: community or HOA rules, renewal and termination terms, and what happens on default, tied to the Florida eviction process. If you want an early termination fee, it needs its own signed addendum. Here is how breaking a lease in Florida works.
Common lease mistakes owners make
The biggest one is using an out-of-state or generic online template that misses Florida’s disclosures and includes clauses Florida does not allow, such as waiving a tenant’s statutory rights or permitting lockouts and utility shutoffs, which are illegal self-help. Others include vague or excessive late fees, no signatures or dates, and never updating the lease as the law changes. A lease that a judge will not enforce is worse than no lease at all.
What owners should do
- Use a current, Florida-specific lease, not an out-of-state template.
- Include every required disclosure and attach the EPA pamphlet when the home predates 1978.
- Spell out rent, late fees, deposit, and maintenance in plain terms.
- Get every adult tenant to sign and date, and keep signed copies.
- Have a property manager or attorney review the lease before you use it.
Not sure your lease holds up in Florida?
A weak or non-compliant lease can cost you an eviction or a lawsuit. True Patriot Property Management uses current, Florida-specific leases with every required disclosure, and manages the whole rental for owners across Palm Beach County and Southwest Florida. Get a free rental analysis and a lease review.
Frequently asked questions
Does a Florida lease have to be in writing?
A lease for one year or less can be oral, but you should always put it in writing. A written lease is far easier to enforce and is required to include the disclosures above.
Is a radon disclosure required on a Florida lease?
Yes. Florida Statute 404.056 requires a specific radon gas notice on a document signed at or before the rental agreement, except for short stays of 45 days or less.
Do I need a lead-based paint disclosure?
Only for housing built before 1978. In that case, federal law requires you to disclose known lead hazards and give the tenant the EPA lead-paint pamphlet.
Can I just use a free online lease template?
Be careful. Many templates are generic or out of state and miss Florida disclosures or include clauses Florida does not allow. Use a Florida-specific lease and have it reviewed.
A solid lease is the foundation of a smooth tenancy. For more, see our tenant screening guide, our 2026 Florida landlord laws overview, and our landlord-tenant law cheat sheet. If you own a rental in Boynton Beach, Naples, or across Palm Beach County, we handle compliant leasing for you. This is general information, not legal advice.
