Florida
Florida Landlord Forms
Before a tenant moves in, it is imperative that you have Florida Landlord Forms on hand. Having necessary forms in advance makes the entire process of signing the lease and giving the keys to the tenant a much smoother process. A tenant has a right to quiet enjoyment of the premises once they move in, which means that as a landlord, you cannot just show up whenever you want for minor reasons like the signing of another form. Get your Florida Landlord Forms easily from the American Apartment Owners Association so that you have all the forms you need when the tenant signs the written lease.
This information is not meant to substitute for legal advice. If you have issues or questions regarding Florida Landlord Tenant Law, it is recommended that you seek the advice of an attorney.
It is, of course, much better to make sure that all parties to the tenancy sign a written lease, rather than depending on an oral lease. Signing a written lease protects all parties throughout the tenancy and leaves much less likelihood of a he said-she said situation should the tenancy go sour and end up in court. There are other pertinent Florida Landlord Forms that are usually signed at the beginning of a tenancy that are likely necessary to your property. It is imperative that you use a trusted source for your Florida Landlord Forms and not just make up your own forms, running the risk of unknowingly violating the law or rights of your tenants. For instance, a Florida landlord cannot violate what Florida Landlord Tenant Laws calls an “Unconscionable Rental Agreement or Provision” under Florida Statute 83.45 which states:
“If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.” You do not want the courts to view you as a landlord with a reputation of including clauses or conditions in the lease which are illegal or otherwise violates the rights of tenants. Similarly, 83.47 forbids a landlord to include prohibited provisions in any rental agreement:
(1) A provision in a rental agreement is void and unenforceable to the extent that it:
(a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part.
(b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.
(2) If such a void and unenforceable provision is included in a rental agreement entered into, extended, or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion, the aggrieved party may recover those damages sustained after the effective date of this part.
When you obtain your Florida Landlord Forms from the American Apartment Owners Association, you can obtain other forms in addition to the lease. The other pertinent forms include the Fair Housing, lead paint, mold addendum, move in/move out checklist, security deposit disposition, notice of entry, rent receipt, notice of termination of tenancy and additional Florida Landlord Forms that likely apply to your rental properties.
For more information, visit:
Florida Landlord Tenant Laws
Florida Tenant Screening Background Checks
The American Apartment Owners Association provides landlord forms nationwide. Looking for a state other than Florida?
Visit our State Specific Landlord Forms page to learn more.
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