Real Estate Lease Agreements in Fort Lauderdale

There is no suprise that in Fort Lauderdale’s real estate market, lease agreements are the foundation for clear and legally sound relationships between landlords and tenants. Whether you’re leasing residential or commercial property, a well-drafted real estate lease agreement is par for the course in order to protect your interests, avoid disputes, and comply with Florida law. Fort Lauderdale Real Estate Attorney Michael L. Feinstein and our team are here to answer any questions you may have at (954) 767-9662.

Why Are Real Estate Lease Agreements Important?

Real estate lease agreements provide a legally binding framework for the landlord-tenant relationship. They outline each party’s rights and responsibilities, including rental payments, maintenance obligations, and terms for lease termination. For property owners, a strong lease agreement is a given for managing tenants effectively, ensuring property upkeep, and maintaining consistent income. Tenants, on the other hand, benefit from a clear understanding of their obligations and protections, which helps them plan their occupancy without unexpected issues.

Unlike shorter-term rental agreements, leases are typically long-term contracts, often lasting one to five years, making it even more essential for both parties to understand the terms they’re committing to.

Basic Overview of Real Estate Lease Agreements in Fort Lauderdale

A comprehensive lease agreement should cover specific elements to ensure clarity and avoid conflicts down the road. Here are some essential components to include in a Fort Lauderdale real estate lease agreement:

1. Lease Duration and Renewal Terms
   Lease agreements should specify the start and end dates, as well as any renewal options. For commercial leases, terms are often multi-year, while residential leases may last one year. Renewal clauses can provide flexibility, allowing tenants to extend their stay if desired and giving landlords ample time to find new tenants if necessary.
2. Rental Amount and Payment Schedule
   The agreement should outline the rent amount, payment due date, acceptable payment methods, and any late fees. For commercial leases, rent structures may include additional expenses like common area maintenance (CAM) fees, taxes, and utilities, which need to be clearly outlined.
3. Security Deposit and Conditions for Return
   Florida law allows landlords to collect a security deposit as protection against potential damage or unpaid rent. The lease agreement should state the deposit amount, conditions for withholding, and the return timeline. According to Florida Statutes § 83.49, landlords have 15 days to return the deposit after the lease ends, or 30 days if they intend to make deductions.
4. Maintenance and Repairs
   Clearly defining who is responsible for property maintenance and repairs is crucial. Residential leases generally require landlords to maintain a habitable property, including functional plumbing, electricity, and pest control. Commercial leases may place more responsibility on the tenant, especially in modified or triple-net leases, where tenants cover repair costs.
5. Occupancy and Subleasing Rights
   For residential leases, occupancy terms may specify the number of tenants allowed, while commercial leases should outline permitted uses for the space. Subleasing rights, if allowed, need to be clearly addressed, as some landlords may restrict subleasing to protect their interests.
6. Entry Rights for Landlords
   Florida law gives landlords the right to enter rental properties with reasonable notice (typically 12 hours) for inspections or repairs. The lease agreement should specify the terms for landlord entry to protect tenant privacy while ensuring property upkeep.
7. Insurance Requirements
   For commercial leases, landlords often require tenants to carry liability insurance. Residential tenants may also benefit from renters insurance. Specifying insurance requirements within the lease can protect both parties in case of property damage or injury.
8. Termination and Eviction Clauses
   Termination clauses outline the conditions under which the lease can end early, including for non-payment, lease violations, or property sale. Florida law requires landlords to follow specific procedures for eviction, as per Florida Statutes § 83.56, ensuring tenants are given notice before legal action is pursued.

Florida Laws Governing Real Estate Lease Agreements

Florida has several laws that impact lease agreements, protecting the rights of both landlords and tenants. Key statutes include:

• Florida Statutes § 83.49 (Security Deposits)
  This statute governs security deposits, outlining how landlords must handle deposits and the conditions for their return or withholding. Read more here.
• Florida Statutes § 83.51 (Landlord Obligations)
  Landlords must maintain the rental property to ensure it is habitable, including requirements for safe structures, plumbing, and pest control. Learn more here.
• Florida Statutes § 83.56 (Termination of Lease)
  This law outlines the procedures for lease termination, including notice requirements for non-payment or lease violations. Explore the law here.
• Florida Statutes § 83.57 (Notice of Non-Renewal)
  Florida requires notice for non-renewal of leases, typically 15 days for month-to-month leases. For annual leases, parties must give 60 days’ notice before termination. Read more here.

Familiarizing yourself with these laws can help you create or understand a legally sound lease agreement that safeguards your rights.

Steps to Take When Entering a Real Estate Lease Agreement

For both landlords and tenants, taking the right steps before entering a lease can prevent future conflicts. Here are some key steps to consider:

1. Draft or Review the Agreement Carefully
   Whether you’re creating or signing a lease, ensure all terms are clear, fair, and comply with Florida law. Landlords should work with an experienced attorney to draft comprehensive lease agreements, while tenants should review terms to ensure they meet their needs.
2. Inspect the Property
   Tenants should inspect the property before signing a lease to identify any maintenance issues or safety hazards. Landlords should also conduct a property walk-through to document its condition and address any necessary repairs.
3. Negotiate Terms as Needed
   If certain terms in the lease are unfavorable, tenants can negotiate with the landlord. Common points of negotiation include rent adjustments, maintenance responsibilities, and lease renewal terms.
4. Document the Security Deposit
   Florida law requires landlords to provide written notice of the security deposit details, including where it is held. Tenants should retain a copy of this notice and clarify deposit return conditions to avoid misunderstandings.
5. Establish Communication Channels
   Effective communication between landlords and tenants helps resolve issues promptly. Establishing preferred methods of communication, such as email, can ensure that maintenance requests or concerns are addressed efficiently.

How a Real Estate Lease Agreement Lawyer Can Help

An experienced real estate lawyer can be invaluable when creating or reviewing lease agreements. By working with a Fort Lauderdale real estate lease agreement lawyer, both landlords and tenants gain the assurance that their lease is legally compliant, fair, and tailored to their needs.

Michael L. Feinstein, a top real estate attorney in Fort Lauderdale, assists clients with all aspects of lease agreements. From drafting and reviewing lease terms to providing counsel on tenant-landlord disputes, Mr. Feinstein ensures that clients’ interests are fully protected.

Whether you’re a landlord looking to secure a strong lease agreement or a tenant ensuring fair terms, consulting with an attorney can be a worthwhile investment. Mr. Feinstein’s legal knowledge in Florida real estate lease law provides clients with the security and confidence they need to navigate the leasing process successfully.

Contact Information
Feinstein Real Estate Litigation and Business Law
Address: 501 E Las Olas Blvd, Suite 300, Fort Lauderdale, FL 33301
Phone: (954) 767-9662
Website: feinsteinlaw.net

Real estate lease agreements are crucial for establishing a clear, legally sound framework in property rentals. By understanding the essential elements and adhering to Florida’s laws, landlords and tenants can foster a positive leasing experience and avoid costly disputes.