Lead paint disclosure florida
Lead paint disclosure florida rules and regulations for landlords in Florida.
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.
Florida requires landlords to make several important disclosures to tenants under the Florida Residential Landlord and Tenant Act (Part II, Chapter 83, Florida Statutes), which became effective on July 1, 1973. These requirements cover security deposit handling, environmental hazards, and—starting in late 2025—flood risk information. Failure to provide required disclosures can result in penalties, forfeiture of rights, or lease rescission.
Official Law Citation: The requirement to provide a specific warning about radon gas in lease documents is mandated by Florida Statutes Section 404.056(5).
Mandatory State Disclosures
1. Security Deposit Holding Notice (§ 83.49)
Within 30 days of receiving a security deposit, the landlord must provide written notice to the tenant containing:
- Whether the deposit is held in an interest-bearing or non-interest-bearing account.
- The name and address of the depository (bank or institution).
- The interest rate (if applicable).
- Whether the deposit is secured by a surety bond instead.
Failure to provide this notice does not forfeit the deposit but weakens the landlord's ability to make claims against it.
2. Radon Gas Disclosure (§ 404.056)
Florida law requires the following radon gas disclosure to be included in every residential lease:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department."
This exact language must be included in the lease agreement.
3. Landlord/Agent Identification (§ 83.50)
The landlord must disclose:
- The name and address of the landlord or the landlord's authorized agent.
- In a manager-managed property, the name and address of the property manager or management company.
4. Flood Risk Disclosure (§ 83.512 - Effective October 1, 2025)
Starting October 1, 2025, landlords must provide a separate flood-disclosure statement for leases of one year or longer. The disclosure must include:
- Any known flood damage during the landlord's ownership.
- Past flooding incidents at the property.
- Any flood-related insurance claims filed by the landlord.
This is a major new requirement for Florida landlords, given the state's hurricane and flood exposure.
Federal Disclosures
5. Lead-Based Paint Disclosure (Pre-1978 Properties)
For properties built before 1978, federal law (42 U.S.C. § 4852d) requires landlords to:
- Disclose any known lead-based paint or hazards.
- Provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
- Include a lead-based paint disclosure form signed by both parties.
Recommended (Not Mandatory) Disclosures
How Landager Helps
Landager's lease templates include all required Florida disclosures - from the radon gas statement to the new flood risk form - pre-populated and ready to execute. Never miss a mandatory disclosure again.
Sources & Official References
- Florida Statutes § 83.49 - Security Deposit Disclosure
- Florida Statutes § 404.056 - Radon Gas Disclosure
- Florida Statutes § 83.50 - Disclosure of Landlord Identification
- Florida Statutes § 83.512 - Flood Risk Disclosure
- Florida Statutes § 689.25 - Disclosure Exemption (Death or Homicide)
- 42 U.S. Code § 4852d - Federal Lead-Based Paint Disclosure
Frequently Asked Questions
▶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.
▶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 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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