Florida Commercial Lease Requirements
A comprehensive guide to Florida commercial lease requirements, covering the Statute of Frauds, witness requirements, and statutory landlord's liens.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Following the effective date of the Florida Constitution on March 3, 1845, which established the state's sovereign legislative authority, Florida commercial leases became governed by a combination of common law and statutory frameworks, currently centered on Chapter 83, Part I (Nonresidential Tenancies). Part I is intentionally minimal, giving parties broad freedom to negotiate terms, which makes the lease document itself the primary governing instrument of the landlord-tenant relationship.
Official Law Citation: Under Florida Statutes Section 689.01, no estate or interest of freehold, or for a term of more than 1 year, shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed by the party or their lawfully authorized agent. However, the statute explicitly provides that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property.
Written vs. Oral Leases
Florida's Statute of Frauds requires leases for terms of one year or longer to be in writing to be enforceable. Oral leases for terms under one year are technically enforceable but strongly discouraged for commercial tenancies.
Essential Lease Components
1. Parties and Premises
- Full legal names and entity types of landlord and tenant.
- Exact legal description of the premises, including square footage and common area rights.
- Suite or unit number, building address, and parking allocations.
2. Lease Term
- Commencement and expiration dates.
- Renewal options with deadlines and rent terms.
- Early termination provisions (if any).
3. Rent Structure
- Base rent amount, due date, and payment method.
- Lease type: gross, modified gross, NNN, or percentage.
- Escalation provisions (fixed, CPI, FMV).
- NNN expense categories and annual reconciliation process.
4. Security Deposit and Guarantees
- Deposit amount and return provisions.
- LOC, surety bond, or personal/corporate guaranty terms.
5. Permitted Use and Exclusivity
- Specific authorized use.
- Exclusive use restrictions (retail centers).
- Sign rights and specifications.
6. Maintenance and Repairs
- Clear allocation of responsibilities.
- Capital vs. routine repair thresholds.
- HVAC maintenance contract requirements.
7. Insurance
- Minimum general liability, property, and business interruption coverage.
- Named additional insured requirements.
- Waiver of subrogation.
- Hurricane deductible provisions (specific to Florida).
8. Default and Remedies
- Events of default with cure periods.
- Landlord remedies: termination, acceleration, re-letting, landlord's lien.
- Tenant remedies: offsets, abatement, termination.
9. Assignment and Subletting
- Consent requirements.
- Recapture provisions.
- Profit-sharing on assignment premiums.
Florida's Statutory Landlord's Lien (§ 83.08)
Florida is one of the few states that provides a statutory landlord's lien on the tenant's personal property located on the premises for unpaid rent. This lien:
- Applies automatically - no lease provision required.
- Covers all personal property of the tenant on the premises.
- Gives the landlord significant leverage in default situations.
The landlord can enforce the lien through distress for rent proceedings under §§ 83.11–83.19 in the court with jurisdiction over the amount due.
Florida-Specific Clauses
Hurricane and Casualty Provisions
Given Florida's hurricane exposure, commercial leases should address:
- Casualty termination rights - can the tenant terminate if the building is significantly damaged?
- Rent abatement during repair periods.
- Reconstruction obligations - landlord's duty and timeline to rebuild.
- Hurricane deductible allocation - who pays the insurance deductible (often 2–5% of the insured value).
Mold and Moisture
Florida's humidity creates unique risks. Leases should:
- Allocate responsibility for mold prevention and remediation.
- Specify HVAC maintenance requirements to control moisture.
How Landager Helps
Landager tracks lease terms, commercial lease tracking, and document version control - making it easy to stay compliant with Florida regulations.
Frequently Asked Questions
▶What are the Florida landlord-tenant laws every property owner should know?
Florida's landlord-tenant law is governed by Chapter 83, Part II of the Florida Statutes (the Florida Residential Landlord and Tenant Act). Key features include no statewide rent control, no statutory cap on security deposits, a 3-day notice for nonpayment evictions, and recent 2024 reforms including anti-squatting protections (HB 621), security deposit alternatives, and the preemption of local tenant protection ordinances.
Read the complete guide▶What is the Florida eviction process and how long does it take?
Florida eviction begins with written notice: a 3-business-day notice for nonpayment, a 7-day notice for curable lease violations, or a 7-day unconditional notice for non-curable violations. After notice expires, landlords file an eviction complaint in county court. Self-help evictions (changing locks, removing belongings) are strictly prohibited. Under HB 621 (2024), landlords can now request sheriff intervention to remove squatters without a full eviction process.
Read the complete guide▶What are the Florida security deposit rules and return deadlines?
Florida places no cap on security deposit amounts. Deposits must be held in a separate Florida banking institution account or posted as a surety bond. If no deductions are claimed, the deposit must be returned within 15 days. If the landlord intends to make deductions, written notice must be sent by certified mail within 30 days, giving the tenant 15 days to dispute. Landlords may now also offer non-refundable monthly fee alternatives.
Read the complete guide▶Does Florida have rent control or caps on rent increases?
No. Florida prohibits rent control statewide as of July 2024, and local tenant protection ordinances that conflict with Chapter 83 have been invalidated. Landlords must provide notice consistent with the tenancy period — 30 days for month-to-month (increased from 15 days in 2024). Some local jurisdictions like Miami-Dade County require 60 days' notice for increases exceeding 5%.
Read the complete guide▶What is the grace period for late rent in Florida?
Florida does not mandate a statutory grace period for late rent, and there is no state cap on late fee amounts. However, late fees must be reasonable and specified in the lease agreement. Courts may reject excessive fees as unenforceable penalties. A 3-business-day notice to pay or quit can be served once rent is past due, starting the eviction clock.
Read the complete guide▶What disclosures must Florida landlords provide to tenants?
Florida landlords must disclose the identity and address of the landlord or authorized agent, the location and terms of security deposit holding (including whether it's in an interest-bearing account), and lead-based paint hazards for pre-1978 buildings. Starting October 2025, a separate flood-disclosure statement is required for leases of one year or longer, covering known flood damage, past flooding history, and flood insurance claims.
Read the complete guide▶What are the Florida lease requirements for rental properties?
Oral leases are valid in Florida for terms under one year. Written leases must comply with Chapter 83 and may not contain clauses waiving the tenant's right to a court proceeding. Certain provisions — like requiring tenants to waive rights to notice before eviction — are void and unenforceable. Month-to-month tenancies now require 30 days' notice for termination by either party.
Read the complete guide▶What are Florida landlord maintenance obligations and habitability standards?
Florida landlords must maintain the premises in compliance with building, housing, and health codes. This includes keeping the structure, plumbing, heating, and common areas in good repair, ensuring functioning locks, screens, and windows, maintaining pest control, and providing running water and hot water. Tenants must keep the premises clean and sanitary, and must not deliberately or negligently damage the property.
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