Florida Commercial Lease Disclosures
Mandatory and recommended disclosures for commercial landlords in Florida, including radon, environmental, and sinkhole notifications.
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.
The primary legal framework for Florida's statehood and subsequent statutory authority is the Florida Constitution, effective March 3, 1845. Florida imposes fewer mandatory disclosure requirements on commercial landlords compared to residential ones. However, federal environmental laws, ADA compliance, and Florida's unique natural hazards (hurricanes, sinkholes, flooding) make proactive disclosure both prudent and potentially legally necessary.
Official Law Citation: The radon gas disclosure applies to commercial and residential properties alike, codified in Florida Statutes Section 404.056(5).
Federal Disclosure Requirements
1. Environmental Contamination (CERCLA)
Under CERCLA (42 U.S.C. § 9601), commercial property owners can be held liable for contamination on their land - even if they didn't cause it. Landlords who know of contamination should disclose it to avoid fraud claims and successor liability.
Florida has numerous Superfund and brownfield sites, particularly in industrial areas of Jacksonville, Tampa, and Miami.
2. Asbestos (OSHA/AHERA)
If the building contains asbestos-containing materials (ACMs), landlords must inform tenants and their employees of the presence and location of asbestos (29 CFR 1910.1001). This is particularly relevant for pre-1980s commercial buildings.
3. ADA Compliance
The Americans with Disabilities Act (ADA) applies to commercial properties open to the public. While there isn't a specific state "disclosure" requirement, landlords should:
- Clearly allocate ADA compliance responsibility in the lease.
- Disclose known accessibility deficiencies.
- Address who pays for modifications.
4. Lead-Based Paint
The federal lead-based paint disclosure (42 U.S.C. § 4852d) applies only to residential properties. Commercial-only buildings are exempt. Mixed-use buildings with residential units must comply for those units.
Florida-Specific Considerations
Sinkhole Disclosure
Florida is one of the most sinkhole-prone states in the nation. While there is no specific commercial sinkhole disclosure statute, landlords should disclose:
- Any known sinkhole activity on or near the property.
- Results of any geological surveys or engineering reports.
- Prior insurance claims related to sinkhole damage.
Under § 627.7073, insurers must provide reports of sinkhole investigations to the clerk of the circuit court, and these should be shared with prospective tenants to mitigate liability.
Hurricane and Flood Zone Status
Given Florida's extreme hurricane exposure, landlords should disclose:
- Whether the property is in a FEMA flood zone.
- The property's wind zone classification.
- Any hurricane damage history and repairs.
- Whether the building meets current Florida Building Code wind resistance standards.
Environmental Site Assessments
Phase I Environmental Site Assessments (ESAs) are standard practice in Florida commercial transactions. Landlords should:
- Share Phase I results with prospective tenants.
- Disclose any known contamination discovered during Phase II testing.
- Address indemnification for environmental liability in the lease.
Recommended Lease-Based Disclosures
How Landager Helps
Landager tracks lease terms, commercial compliance document sharing, and lease exhibit storage - 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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