Drafting a residential lease involves numerous considerations and can often be a complex process. Although form leases are readily available online, they may expose landlords to potential liabilities if not carefully reviewed or customized. Below are some key considerations and essential clauses to include when preparing a residential lease.
Duration
It seems obvious, but it is always important to note the length of the lease. What some people may not be aware of, is that the duration can be very malleable. You can have a standard year, or you can even have a week to week tenancy. Importantly, if you do not have the duration described in the lease, that tenancy will now be governed by Fla. Stat. §83.46, which states that the tenancy duration is determined by the periods for which rent is payable. For example, if payments are monthly, it will be considered a month to month tenancy.
Notice
Most leases have a requirement to give notice of the termination of a lease in advance of moving out. Under Florida. Statue § 83.575, a lease cannot require less than 30 days notice or more than 60 days notice for a tenant OR a landlord to terminate the lease. Even if a lease does not have a definite term, termination by either party requires notice, in accordance with Fla. Stat 83.57. A year to year lease requires 60 days notice, both a quarter to quarter and a month to month tenancy require 30 days notice, and a week to week tenancy requires 7 days notice.
Home Owners Associations
If you are renting out a house that sits in a community with a home owners association, it is important to know the rules of that association. Some home owners associations do not allow for renters, or have specific rules and guidelines that must be followed. If specific rules need to be followed, its important to include those in the lease. For example, if an HOA has a rule about street parking, then its important to notate such a rule in the lease and communicate that to the potential tenant.
Property-Specific Terms and Conditions
If there are specific rules or expectations you want a tenant to follow, it is essential to clearly outline them in the lease agreement. Provided that these provisions are reasonable and do not conflict with Florida Statutes, a wide range of terms can be included. Below are several key considerations to address:
Alterations:
Will tenants be permitted to make changes to the property, such as painting walls or installing fixtures? The lease should clearly specify whether alterations are allowed, and if so, define the scope and any conditions or approvals required.
Furnishings:
If the property is being leased as furnished, this should be explicitly stated in the lease. Additionally, the condition of the furnishings and the tenant’s obligation to maintain them should be addressed. It is advisable to attach an itemized inventory list as an exhibit to the lease, detailing each furnished item and its condition. This document should be signed by the tenant to avoid any future disputes regarding damage or missing items.
Pets:
The lease should state whether pets are permitted. If so, it is important to define any restrictions on type, size, or number of animals allowed. For example, large dogs may cause increased wear and tear, and fish tanks may pose a risk of water damage. Specific provisions can help minimize potential property damage and clarify tenant responsibilities.
Notification of Property Issues:
Include a clause requiring tenants to promptly notify the landlord of any significant maintenance issues, such as leaks, mold, or structural damage. Early notification allows the landlord to address problems quickly, reducing the risk of further damage and maintaining the habitability of the property.
Statutory Rules On Entrance
Even though a landlord owns the property, they are not allowed to enter whenever they want. Florida Statute §83.53 outlines when a landlord is allowed to access a dwelling. Generally speaking, at least 24 hours notice is required unless an emergency situation exists when entrance is necessary for the protection and preservation of the dwelling. It is also important to note, that a repair can only take place between 7:30 am and 8:00 pm. Provided you follow these guidelines, a tenant is not allowed to prevent reasonable entry.
Conclusion
These are only a couple of considerations you should think of when drafting a lease. A lease is a very complex and serious document that should be well thought out and formulated. At RAK Law firm we are well aware of what should be reflected in a lease, and will custom tailor any lease to your needs. Our knowledge extends well beyond drafting, we are available and ready to assist you in any disputes that may have arisen between a landlord and tenant.
For all your contract questions and needs, please contact RAK Law Firm, PLLC online or at (407) 437-0319.