Florida Residential Lease: Scrib🐮 Guide

TL;DR: Scrib🐮's M2 Guided Preparation wizard walks Florida landlords through residential lease preparation under Chapter 83, Florida Statutes — covering security deposit handling, notice requirements, and mandatory disclosures.

The Challenge

Florida residential tenancy law under Chapter 83, Florida Statutes governs every landlord-tenant relationship in the state. Unlike many states, Florida's landlord-tenant law is highly specific about security deposit handling, notice requirements, and the landlord's duties — and landlords who do not follow the correct procedures lose significant rights.

The most commonly mishandled area is security deposit claims. Florida law (§83.49) requires landlords to hold security deposits in a separate bank account (or post a surety bond), notify the tenant in writing of where the deposit is held within 30 days of receiving it, and — at the end of tenancy — either return the deposit within 15 days or send a written notice of intention to impose a claim within 30 days. Landlords who miss the 30-day notice of claim deadline forfeit their right to impose any claim against the deposit.

Pre-written lease templates from the internet frequently do not include the correct Florida security deposit language, leading landlords to discover their claim rights are forfeited only when a dispute arises.

How Scrib🐮 M2 Guided Prep Solves It

Scrib🐮's M2 wizard for Florida residential leases builds the lease from Chapter 83, Florida Statutes, generating all required notices and provisions.

Phase 1 — Property and parties:

Enter property address, county, landlord name and address (for notices under Florida law), and tenant names. The wizard flags properties in incorporated cities (such as Miami or Orlando) where local ordinances may impose additional requirements beyond state law.

Phase 2 — Lease term:

Choose between a fixed-term lease (typically 12 months) and a month-to-month tenancy. Under Florida law:

• Fixed-term: requires written notice of at least 60 days before the end of the term to prevent automatic renewal (if the lease specifies this) or to notify of non-renewal
• Month-to-month: terminates with 15 days' notice (by either party) under §83.57

Phase 3 — Rent and late fees:

Enter monthly rent. The wizard notes that Florida law does not impose a statutory limit on late fees, but courts have rejected excessive late fee provisions as penalties. Standard market practice is $50–$100 flat late fee or 5% of monthly rent, applicable after a 5-day grace period.

Phase 4 — Security deposit:

Enter security deposit amount. The wizard generates the required Chapter 83.49 compliance documents:

• Security deposit notice to tenant (within 30 days of receiving deposit): advising the tenant of the financial institution where the deposit is held, whether it is in an interest-bearing account, and whether a surety bond has been posted
• End-of-tenancy procedure: the wizard generates a template notice of intention to impose claim (which must be sent within 30 days of the tenant's departure if you intend to make deductions) and a template itemised statement of deductions

Phase 5 — Mandatory disclosures:

The wizard generates Florida's required disclosures:

• Lead paint disclosure: required for pre-1978 properties under federal EPA/HUD rules
• Radon gas disclosure: required by §404.056(5), Florida Statutes — the statutory disclosure language is generated verbatim
• Security deposit disclosure: the type of account and financial institution where the deposit is held

Phase 6 — Lease terms:

The wizard builds the complete lease covering: landlord maintenance obligations (§83.51: roof, plumbing, heating, electrical, pest control for single-family homes if agreed), tenant maintenance obligations, right of entry for repairs (24 hours' written notice required under §83.53), and notice requirements for termination and non-renewal.

Reference: Florida Statutes Chapter 83 (https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.htm) and the Florida Attorney General's landlord/tenant guide (https://myfloridalegal.com/).

Scrib🐮 is a document preparation service. For Florida landlord-tenant law advice specific to your situation, consult a Florida real estate attorney.

What's Included in Your Scrib🐮 Pass

Pricing: From $149/month — all menus, all countries, unlimited documents.

Why Scrib🐮 vs DIY or Traditional Services

DIY risk: The Florida security deposit 30-day notice of claim requirement (§83.49) is the most commonly missed provision. Landlords who do not send the written notice of intention to impose a claim within 30 days of the tenant vacating lose the right to impose any claim — regardless of how legitimate their claim is. A generic lease template from the internet will not remind you of this deadline.

Property manager: Florida property managers typically charge 8–12% of rent for full management. They handle security deposit compliance — but you pay ongoing management fees even when the tenancy is running smoothly.

Scrib🐮: The M2 wizard generates the required security deposit notices as part of the lease package, and the M5 Dashboard tracks the 15-day and 30-day post-tenancy deadlines automatically. At $149/month, the same pass covers company formation documents if you are managing properties through a business entity.

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Frequently Asked Questions

Q: Does Florida require the radon gas disclosure in every residential lease?

Yes. Section 404.056(5), Florida Statutes requires a specific radon gas disclosure in all residential lease agreements. The disclosure must use the exact statutory language. The Scrib🐮 wizard generates this disclosure verbatim. Omitting it does not invalidate the lease but constitutes a non-compliance that tenants can potentially use in disputes.

Q: What is the deadline to return or claim against a Florida security deposit?

If you are returning the deposit in full: within 15 days after the tenant vacates. If you intend to make deductions: you must send a written notice of intention to impose a claim within 30 days of the tenant vacating. If you miss the 30-day deadline, you forfeit your right to impose any claim. The M5 Dashboard tracks both deadlines from the tenant's move-out date.

Q: Can a Florida landlord require the tenant to pay for pest control?

Under §83.51, for multi-family dwellings, pest control is the landlord's obligation. For single-family homes or duplexes, the landlord and tenant can agree in writing that the tenant will assume pest control responsibilities. The wizard includes an optional pest control agreement provision for single-family homes.

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