Top 5 Lease Terms Every Florida Landlord Should Include

Top 5 Lease Terms Every Florida Landlord Should Include

Whether you’re leasing a home in Ponte Vedra, a commercial building in St. Augustine or a vacation rental in Palm Coast, a well-drafted lease agreement is essential to protecting your rights as a landlord. Under Florida law, the lease is more than a formality—it’s a binding legal document that sets the tone for the entire landlord-tenant relationship.

At St. Johns Law Group, we help landlords draft and enforce leases that minimize disputes and maximize protection. Below are the top five lease terms every Florida landlord should consider including:

1. Rent Payment Terms

It may seem obvious, but many disputes stem from vague or inconsistent rent provisions. Your lease should include:

• The amount of rent

• The due date

• Acceptable payment methods

• Late fees and grace periods

• Returned check policies

Include language that complies with Chapter 83 of the Florida Statutes for residential leases or tailor terms for commercial use.

2. Security Deposit Terms and Conditions

Florida law requires that landlords handle security deposits according to strict statutory guidelines, especially for residential properties. Your lease should detail:

• The amount of the security deposit

• Where and how it will be held

• When it will be returned

• Circumstances under which deductions can be made (e.g., damage beyond normal wear and tear)

Having this spelled out helps avoid post-tenancy disputes.

3. Maintenance and Repair Responsibilities

This is a critical provision—especially in commercial leases, where responsibilities for HVAC, plumbing, and structural repairs can fall on either party depending on the agreement.

Your lease should outline:

• Who is responsible for routine maintenance

• What qualifies as a tenant repair obligation

• How repair notices must be delivered

• Timeframes for the landlord to complete necessary repairs

Clarity here prevents finger-pointing later.

Pro Tip:  Address “replacement” for long-term rentals so end-of-life improvements are replaced rather than repaired and avoid a disputed as to whether the item is irreparable.

4. Use and Occupancy Restrictions

Define exactly how the property may be used. In commercial leases, this may include permitted business activities and exclusive use or prohibited use clauses. In residential leases, you may limit the number of occupants or prohibit subletting.

You can also:

• Prohibit illegal activity

• Ban smoking or pets

• Address short-term rental restrictions (especially in HOA communities)

Ambiguity in this section invites abuse of the property.

5. Default and Termination Provisions

Your lease should clearly define what happens if either party breaches the agreement. This includes:

• What constitutes a default

• Required notice periods

• Your right to terminate or evict

• Tenant’s right to cure a default

• Recovery of attorney’s fees and court costs

This section is essential in enforcing your rights through Florida courts or during mediation.

Bonus: Personal Guaranty (for Commercial Leases)

If you’re leasing to a business entity, you should almost always require a personal guaranty from the business owner. This ensures that if the company defaults, you can pursue recovery from the individual guarantor.

Protect Your Investment with a Strong Lease

At St. Johns Law Group, we assist landlords throughout St. Augustine, Ponte Vedra, Palm Coast, Jacksonville, and surrounding communities in drafting and negotiating comprehensive lease agreements tailored to Florida law and local market needs.

Whether you’re leasing a storefront, office space, or residential property, having the right legal terms in your lease can save you time, money, and headaches.

📞 Call us today at (904) 495-0400 or visit our Landlord Tenant Webpage or Leasing webpages.

Schedule a consultation with a real estate leasing attorney.