FL · Tier 1
Florida residential lease decoder
3 of 12 clause types verified. Verify directly at the Florida legislature
Analyzer · residential lease
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Clause by clause
Clause-by-clause rules
12 most-litigated residential lease clauses. Verified rules lead; the rest are honestly labeled pending verification, each linked to the state legislature. Verified means the rule was matched to the cited statute text on the date shown.
- State-restricted
The landlord must hold the deposit in one of the ways §83.49(1) allows, which include posting a surety bond, and must give the tenant written notice in the lease agreement or within 30 days of receiving it. After the lease ends, the landlord returns the deposit within 15 days, or within 30 days gives written notice of any claim against it by certified mail or, where the statute allows, by e-mail.
Source · Fla. Stat. §83.49 · primary source · Checked November 1, 2026
- State-restricted
For a single-family home or duplex, the landlord's duties under §83.51(1) may be altered or modified in writing. For other dwelling units, the further duties in §83.51(2)(a), including heat and hot water, apply unless otherwise agreed in writing.
Source · Fla. Stat. §83.51 · primary source · Checked November 1, 2026
- State-restricted
Landlord must serve a 3-day notice (excluding weekends and legal holidays) demanding rent or possession before filing an eviction.
Source · Fla. Stat. §83.56(3) · primary source · Checked November 1, 2026
9 clause types pending verification for Florida
Late-fee schedule
Pending verificationGeneral doctrine across states: Reasonable-relationship-to-actual-damages doctrine (e.g., Cal. Civ. Code §1671) plus state-specific caps and grace periods.
Pet fees, pet rent, pet deposits
Pending verificationGeneral doctrine across states: State security-deposit-cap statutes plus federal FHA accommodations (42 U.S.C. §3604) for assistance animals.
Automatic renewal of the lease
Pending verificationGeneral doctrine across states: State-statute auto-renewal restrictions; consumer-protection auto-renewal disclosure requirements (where they apply to leases).
Attorney-fee-shifting clause
Pending verificationGeneral doctrine across states: Attorney-fee-reciprocity statutes (e.g., Cal. Civ. Code §1717); American Rule background.
Repair-obligation shifting
Pending verificationGeneral doctrine across states: Implied warranty of habitability (Javins v. First National Realty, 1970) — recognized by statute or common law in nearly every state.
Mandatory arbitration / jury-trial waiver
Pending verificationGeneral doctrine across states: Federal Arbitration Act (9 U.S.C. §1-16); state-specific lease arbitration disclosure rules; unconscionability defense.
Non-disclosure / non-disparagement
Pending verificationGeneral doctrine across states: Consumer Review Fairness Act (15 U.S.C. §45b); state anti-SLAPP and anti-gag statutes.
Sublease and assignment
Pending verificationGeneral doctrine across states: Reasonable-consent default rule (jurisdiction-dependent); restraint-on-alienation doctrine.
Holdover-tenant rent multiplier
Pending verificationGeneral doctrine across states: Holdover tenancy doctrine; liquidated-damages reasonableness; state-specific holdover-rent statutes.
Not legal advice. LeaseRedFlag is informational only. We are not a law firm; we don't represent you. State landlord-tenant law changes — verify any rule directly with the Florida legislature link above before relying on it. For lease disputes that matter, talk to a licensed real-property or tenant-rights attorney in Florida.