Real Estate Lease Agreements

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 .

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.

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:

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Termination and Eviction Clauses
  Termination clauses outline the conditions under which the lease can end early, including for non-payment, lease violations,…