The Legal Definition Of A Rental
Agreement In Florida
The
Florida Residential Landlord And Tenant Act defines the
term "rental agreement" to mean any written agreement, or
oral agreement if for less duration than 1 year, providing for
use and occupancy of premises.
Make All Rental Agreements
For Six Months Or Longer
The
Florida Residential Rental Sales And Use Tax exempts sales
tax from being collected on rental income received from
residential rental property leased for more than a six month
period.
Lead-Based
Paint Disclosure Clause Required By Federal Statute
The
Residential Lead-Based Paint Hazard Reduction Act requires
that all residential rental agreements and leases to rent
property built before 1978 contain a
Lessor's
Lead-Based Paint Disclosure Statement on the health hazards
associated with lead-based paint in housing.
Florida
Supreme Court Approved Residential Lease Forms
The
Florida Supreme Court Approved Simplified Residential Lease
Forms were written to be used on single family and
duplex rental properties.
Ten Clauses
That Should Be In All Of Your Rental Agreements
The following ten clauses should be included
in all of your rental agreements to give you added protection
from the professional deadbeats, sue-happy tenants, predatory
attorneys and all of the other swell folks that are
card-carrying members of the free-lunch-society:
1. Jury trial waiver: Tenants and Landlord waive their
right to demand a jury trial to settle any lawsuits between them.
Please note that jury trials are generally very expensive and
that most juries usually rule against "greedy, mean-spirited
landlords!"
2. Holdover: In the event that Tenants fail to return
all keys, and vacate the premises on or before the expiration
of their rental agreement, Tenants agree to pay twice their
monthly rental rate until they do so. This will usually
motivate tenants to move out when they're supposed to, but it
also protects landlords when they don't.
3. Occupancy: Only the Tenants named as parties to this
rental agreement shall have the right to take possession and
occupy the premises. This protects landlords from having a
tenant's entire extended family move from Cleveland and into
their two-bedroom rental unit.
4. Smoke Detector
Maintenance: Tenants shall be responsible for keeping
smoke detectors operational by replacing batteries as needed.
This helps to hold tenants more responsible for their own
personal safety while reducing the landlord's liability.
5. No Smoking: Neither Tenants nor their guests shall
smoke in the premises. I realize that inserting this clause
is a personal judgment call. However, it will eliminate the fire
hazard, stench and stains caused by nicotine, and it may also
result in your paying less for hazard insurance.
6. No Pets Allowed: Neither Tenants nor their guests
shall keep any pets on the premises. Again, I realize
that this too is a personal judgment call. But, this will
eliminate the problems, noise, odors and damages caused by pets.
7. Non-Assignment: Tenants shall not have the right to
assign this rental agreement to a third party. This stops
tenants from moving out and letting a third party taking over
their rental unit for the duration of their rental tenancy.
8. Non-Sublet: Tenants shall not have the right to sublet
any portion of the premises to a third party. This clause
prohibits tenants from renting out any part of the premises to
so-called roommates who aren't parties to the rental
agreement.
9. Indemnification: Tenants agree to hold landlord
harmless for any damages resulting from the negligence and
willful misconduct of third parties. This clause helps to
better protect landlords from being held financially
responsible for damages to tenants that are caused by other
tenants, guests and anyone else who comes onto the premises.
10. Default: Tenants shall be in default, and their
rental agreement shall be immediately terminated in the event
that Tenants or their guests are engaged in any type of criminal
activity on the premises. This should send a loud and clear
message to all tenants that the landlord has zero tolerance for
crooks, thugs and other forms of lowlife who partake in a life
of crime!
In chapter six of
The Florida Landlord's Manual,
there are step-by-step instructions on how to write a
residential rental agreement that's fully enforceable in court
and protects your rights and interests as landlord. You also get
a six-page sample rental agreement that you can use for your
tenants.
