The Importance of Having a Compliant Lease Agreement in Florida: 12 Chapter 83 Terms and Disclosures Every Palm Beach County Owner Should Check

Owner Guide · Florida Lease Compliance · Palm Beach County, FL

By Jean Taveras, Broker-Owner, Atlis Property Management · Updated October 2026

Most lease problems are invisible on signing day. They surface later, in a deposit dispute, a flood loss, or a court hearing where a clause turns out to be void. In each case, the lease is the first document anyone reads.

This guide covers the 12 terms and disclosures Palm Beach County owners should check, the provisions Florida law will not enforce, how notice clauses work, and how to keep the lease in step with the market. It is general information; for a dispute headed to court, speak with a Florida attorney. For how we handle leasing, see our residential property management page.

Why a Compliant Lease Protects the Owner First

Chapter 83 sets a floor that a lease cannot lower. Under §83.47, a provision is void and unenforceable to the extent it purports to waive or preclude the rights, remedies, or requirements of Part II, or to limit either party's liability arising under law.

So a non-compliant clause tends to hurt the landlord who relied on it. The statute also defines the lease broadly. Under §83.43(13), a rental agreement is any written agreement, including amendments or addenda, or an oral agreement for less than one year.

Under §83.48, the winner of a civil action to enforce the lease or Part II may recover reasonable attorney fees and court costs, and that right cannot be waived, so a weak lease can leave the owner paying both lawyers. Our guide to inadequate lease agreements walks through how that happens.

The Florida Lease Checklist: 12 Terms and Disclosures

These are the items to check first. It is not a complete legal review, and some items apply only to certain homes or lease lengths.

Required Disclosures in Detail

Security deposit and advance rent

Under §83.49(2), the landlord must give the tenant written notice in the lease or within 30 days after receiving a deposit or advance rent. The notice names the depository, or states that a surety bond was posted, says whether the tenant is entitled to interest, and includes a disclosure paragraph whose wording the statute supplies. A change in how or where the money is held needs a new notice within 30 days. Landlords who rent fewer than five units are exempt from this subsection, but including the notice costs nothing.

At move-out, the deposit goes back within 15 days, or a written claim goes out within 30 days. Our guide to Florida security deposit rules covers the move-out side in detail.

Radon, flood, and lead

Under §404.056(5), at least one document signed at or before the rental agreement must include a specific radon paragraph, word for word. Check that your form has it.

The flood disclosure is newer and often missed. §83.512 requires a landlord to complete and give a prospective tenant a flood disclosure at or before signing a rental agreement for a term of one year or longer. It must be a separate document in substantially the statutory form, stating whether the landlord knows of flooding that damaged the unit, has filed a flood claim, or has received federal flood assistance. If it is missing and the tenant suffers a substantial flood loss to personal property, the tenant may end the lease by written notice no later than 30 days after the loss, and advance rent must be refunded.

For homes built before 1978, federal law requires landlords and property managers to give renters the EPA pamphlet on lead hazards and disclose known lead-based paint information before the lease is signed. The EPA's lead disclosure page lists what is required.

Who receives notices

Under §83.50, the landlord or an authorized agent must disclose in writing, at or before the start of the tenancy, the name and address of the landlord or the person authorized to receive notices and demands. Under §83.505, notices required by Part II may also go by email if both parties sign an addendum agreeing to electronic delivery and each provides a valid email address; our article on the HB 615 email notice rule explains what a lease needs for that to work.

Provisions Florida Law Will Not Enforce

Forms copied from the internet or another state often contain clauses that are void in Florida under §83.47. Common examples:

• Waiving deposit rules. A "nonrefundable deposit" or a waiver of the §83.49 claim process.
• Waiving notice before eviction. Under §83.56(4), the notice requirements of that section may not be waived in the rental agreement. The nonpayment notice remains 3 days, excluding weekends and legal holidays; see our article on the 3-day notice.
• Waiving attorney fees. §83.48 says the right to attorney fees cannot be waived in a lease.
• Unlimited entry. A clause allowing entry at any time without notice conflicts with §83.53, which requires at least 24 hours' notice for repairs and limits repair entry to 7:30 a.m. through 8:00 p.m.
• Shifting all maintenance to the tenant. Under §83.51, the landlord must comply with building, housing, and health codes. Some duties for a house or duplex may be altered in writing, but a blanket as-is clause is not that.
• Local add-ons that conflict with state law. Under §83.425, the regulation of residential tenancies, including lease terms, disclosures, and notice requirements, is preempted to the state.

Clauses about pets, utilities, lawns, and pools are fine if they waive no statutory right. Our guide to who pays utilities in a Florida rental covers how to write those terms.

Term, Renewal, and Notice Clauses

Under §83.46(2), a lease with no stated duration takes its term from the rent period, so monthly rent creates a month-to-month tenancy. Under §83.57, a month-to-month tenancy ends on not less than 30 days' written notice before the end of a monthly period, and a year-to-year tenancy on not less than 60 days' notice before the end of an annual period.

For a fixed-term lease, §83.575 lets the lease require the tenant to give notice before leaving at the end of the term, but only if the lease also requires the landlord to give notice if the lease will not be renewed. The required notice cannot be less than 30 days or more than 60 days from either side. A tenant who stays on with permission after the lease ends without giving the §83.57(3) notice owes one additional month's rent.

Under §83.58, a tenant who holds over without permission may owe double rent for that period. For early exits, §83.595 allows a liquidated damages or early termination fee of no more than two months' rent, with no more than 60 days' notice, only if the tenant signed a separate addendum when the lease was made.

Matching Lease Terms to the Market

A compliant lease can still be a poor business document. The most useful lever is the end date, because a lease that ends when few renters are searching can cost weeks of vacancy. As of October 7, 2026, the median rental listing had been on the market 61 days in Jupiter, 42 days in Palm Beach Gardens, 37 days in Boca Raton, and 34 days in West Palm Beach, according to PBP Real Estate. Our guide to seasonal rental trends in Palm Beach County covers how to place end dates.

The second lever is how rent changes over a longer lease. Florida has no rent control: §125.0103 bars local governments from imposing price controls except under narrow conditions. A step-up is a matter of agreement and belongs in the lease at signing, because a fixed-term lease generally cannot be repriced mid-term unless it says so. Our article on multi-year lease agreements covers escalation clauses, and our guide to lease renewals and negotiations covers the yearly decision.

The third lever is association rules. Under §720.306(1)(h), an HOA may prohibit or regulate leases shorter than six months and limit rentals to three per calendar year for all owners. Under §718.112(2)(k), a condo association approval fee may not exceed $150 per applicant, adjusted for inflation, and no fee may be charged to renew with the same tenant. Our guide to HOA rental restrictions lists what to verify.

Common Mistakes Owners Make With Florida Leases

• Using an outdated form. Florida moved month-to-month notice to 30 days in 2023 and added the flood disclosure in 2025.
• Skipping the separate flood disclosure. §83.512 requires a separate document for leases of one year or longer, not a sentence buried in the lease.
• Writing clauses the statute voids. Nonrefundable deposits, waived notices, and waived attorney fees protect no one and can create liability under §83.47(2).
• Forgetting the addenda. Association rules, pet terms, and early termination options belong in signed addenda, and §83.43(13) treats addenda as part of the lease.
• Treating the lease as the whole file. Move-in condition records, photos, and the deposit notice are what support a deposit claim later. Our tenant move-in checklist covers what to document.

If a lease problem has already reached the point of a court filing, our guide to the Florida eviction process explains the steps, and an attorney should handle the case.

How Atlis Handles Leases for Owners

Atlis prepares Florida-compliant leases and addenda as part of full-service management at 5–9% of collected rent with a $200 monthly minimum. The lease ties to the price, the screening criteria, the association application, and the move-in records. Our results: a 21-day average lease-up, 98%+ of rent collected monthly, and a 74% renewal rate. Every account carries our eight written guarantees, including no management fees on vacant units.

Frequently Asked Questions

Not sure your lease would hold up? We will look at how your lease, disclosures, and move-in records fit together and tell you what we would change. For a legal opinion on a clause, see a Florida attorney. If you own in North County, see our Jupiter property management page.