Free Florida Rent-to-Own Agreement Template

Last reviewed July 2026

Written by LawLease Editorial

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Florida Rent-to-Own Agreement

This Rent-to-Own Agreement is built with Florida as the governing state. These are the Florida landlord-tenant rules that most often bear on it, with the statute for each.

Florida rules at a glance

Florida rules for a Rent-to-Own Agreement
Security deposit limit	No statutory capFla. Stat. §83.49
Deposit return	15 days if no claim · 30 days with a written claim (by certified mail)Fla. Stat. §83.49(3)
Fee instead of a deposit	Since July 2023, a landlord may offer a non-refundable monthly fee in place of a deposit under a separate signed agreement; the tenant can cancel and switch to a normal deposit at any time (§83.491).
Security deposit location	Where the deposit is held and interest terms, within 30 days (§83.49(2); landlords with under 5 units are exempt).
Rent control	Prohibited statewideFla. Stat. §§166.043, 125.0103
Month-to-month termination	30 days’ noticeFla. Stat. §83.57

Security deposits in Florida

Florida places no dollar limit on how much a landlord can collect as a security deposit or advance rent. What the law does regulate is how the money is held and how it must be returned.

How it’s held — The deposit must sit in a separate non-interest-bearing Florida bank account, a separate interest-bearing account, or be secured by a surety bond — it can’t be mixed with the landlord’s own funds (§83.49(1)).
30-day disclosure — Within 30 days of receiving the deposit, the landlord must tell the tenant in writing where it is held and whether interest is paid. Landlords who rent fewer than 5 units are exempt from this disclosure (§83.49(2)).
Return — no claim — If the landlord isn’t keeping any of it, the deposit must be returned within 15 days of move-out (§83.49(3)(a)).
Return — with a claim — To keep any of it, the landlord must send written notice by certified mail within 30 days stating the reason. The tenant then has 15 days to object. Miss the 30-day deadline and the landlord forfeits the right to claim against the deposit (§83.49(3)).
Fee instead of a deposit — Since July 2023, a landlord may offer a non-refundable monthly fee in place of a deposit under a separate signed agreement; the tenant can cancel and switch to a normal deposit at any time (§83.491).

Rent, late fees & returned checks

Unless the lease says otherwise, rent is due at the start of each rental period and is payable without demand (§83.46). Florida has no statutory grace period — the lease controls.

Late fees — There is no statutory cap, but Florida courts treat late fees as liquidated damages: the fee must be a reasonable estimate of the landlord’s actual loss and must be written into the lease, or it risks being struck as an unenforceable penalty. There is no fixed legal number.
Returned-check fee — A bounced-check fee is capped by §68.065 at $25 (checks ≤ $50), $30 (≤ $300), $40 (over $300), or 5% of the check — whichever is greater.
Rent control — Florida prohibits local rent control statewide (§§166.043, 125.0103); the 2023 Live Local Act removed the last narrow exception, so no city or county can cap rent.

Required disclosures in Florida

Florida does not mandate bedbug, mold, or general fire-sprinkler disclosures for ordinary residential leases — so LawLease doesn’t pad your Florida lease with notices the state doesn’t require.

Lead-based paint — Federal law requires the lead warning and any known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
Radon gas — Florida requires the exact statutory radon notice on a lease document (§404.056(5)).
Security deposit location — Where the deposit is held and interest terms, within 30 days (§83.49(2); landlords with under 5 units are exempt).
Landlord / agent identity — The name and address of the landlord or an agent authorized to receive notices (§83.50).
Flood disclosure — For leases of one year or longer, known flood damage and claims must be disclosed on a separate document (§83.512, effective October 1, 2025).

Florida Rent-to-Own Agreement FAQs

How much can a landlord charge for a security deposit in Florida?

Florida sets no cap on the deposit amount — it’s whatever the lease specifies. What’s regulated is how the money is held (a separate account or a surety bond) and that it’s disclosed to the tenant within 30 days (§83.49).

How long does a landlord have to return a security deposit in Florida?

Within 15 days if the landlord makes no claim against it. To keep any of it, the landlord must send written notice by certified mail within 30 days stating the reason; the tenant then has 15 days to object. Missing the 30-day deadline forfeits the landlord’s right to claim against the deposit (§83.49(3)).

How much notice is required to end a month-to-month lease in Florida?

Thirty days’ written notice before the end of the monthly period, from either side — increased from 15 days effective July 1, 2023. Week-to-week needs 7 days; year-to-year needs 60 days (§83.57).

Does Florida have rent control?

No. State law bars counties and cities from adopting rent control, and the 2023 Live Local Act removed the last narrow exception — no Florida locality can legally cap rent (§§166.043, 125.0103).

Rent-to-Own Agreement in other states

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