What Should Be Included in a Residential Lease Agreement?


What Should Be Included in a Residential Lease Agreement?

According to RentCafe’s Market Insights, approximately 76% of renters in Miami renewed their leases in 2025, indicating a preference for stability and more formal lease agreements.

A strong residential lease agreement isn’t just a formality. It lays out the rules, protects both the landlord and tenant, and helps prevent most of the headaches landlords deal with: late rent, unauthorized guests, unpaid damage, or confusion about who’s responsible for what.

If you own rental property in Miami, your lease or rental agreement needs to be clear, specific, and compliant with Florida’s landlord-tenant laws. This guide breaks down exactly what things to include in lease agreement documents to keep your rental protected.

Essential Elements Every Lease or Rental Agreement Must Have

A lease agreement or rental agreement isn’t just paperwork—it’s a contract between you and your tenants. It spells out expectations for both sides and protects your rental property from headaches later.

Here’s what every comprehensive lease agreement should include:

1. Names of All the Tenants

List every adult living in the rental unit. Not just one “main” tenant—all the tenants. If someone fails to pay rent or causes damage, you’ll want them to be legally responsible. This is one of the most important things to include in lease agreement paperwork to ensure accountability.

2. Description of the Rental Unit

Include the full address, unit number, and what comes with it (parking space, storage, yard access, etc.). Note that the property is for residential purposes only, so no commercial lease-style activity like running a business from the living room.

3. Lease Term: Fixed or Month-to-Month?

State whether it’s a fixed-term lease, like 12 months, or a month-to-month lease. If it’s month-to-month, be sure to follow state and local laws for lease termination or lease renewal notices. Florida doesn’t require a written lease for short terms, but trust us, you’ll want one.

4. Rent Amount and Rent Payments

As of 2025, the average rental price for a one-bedroom in Miami is $2,174. That makes it even more critical to document how and when rent must be paid, and what happens if it’s not. You need to clearly lay out:

  • Monthly rent amount
  • Due date
  • Acceptable payment methods (Venmo, check, ACH, etc.)
  • Late fee details and any grace period

5. Security Deposit and Other Fees

Florida landlord-tenant laws require you to state:

  • The amount of the security deposit
  • Where it’s held
  • The conditions for return
  • Reasons you may deduct from it (beyond normal wear and tear)

Pro Tip: Be sure to call out any non-refundable fees, such as cleaning charges or pet fees. Miami tenants typically expect to pay a few hundred dollars upfront, so make sure your rental lease agreement spells it all out.

6. Maintenance and Repairs Responsibilities

Your lease should specify who is responsible for repairs and maintenance. Among the essential details to include in lease agreement documents are instructions on how tenants should submit maintenance requests, what constitutes normal wear and tear, and which tasks, such as yard upkeep or replacing light bulbs, fall under the tenant’s responsibility.

7. Rules and Regulations

Clear rules and regulations are essential in any lease agreement to ensure a smooth and respectful living environment for everyone involved. Set expectations up front. This is where you define community standards, like:

  • No smoking
  • Quiet hours
  • No illegal activity
  • No unauthorized roommates or subleasing without the landlord's permission

This protects both the tenant and your property.

8. Utilities and Services

Your lease specifies which utilities are included and which are the tenant’s responsibility. Don’t assume. Inform tenants in writing. Mention things like trash pickup, lawn care, or pest control if it’s part of the deal.

9. Right to Property Entry

Florida law says you must give advance notice at least 12 hours before entering the rental unit, unless it’s an emergency. Your lease should reflect that and explain how you’ll communicate with the tenant. It’s one of the often-overlooked things to include in lease agreement paperwork that can prevent legal trouble later.

10. Lease Renewal, Lease Termination, and Move-Out

What happens at the end of the lease? Does it automatically renew? Will it become a month-to-month lease? How much proper notice is required for a new lease or termination?

Also include move-out expectations—cleaning, key return, etc. If a tenant fails to do these things, you’ll want it documented in the lease.

Optional Clauses to Strengthen a Residential Lease

Want a comprehensive lease agreement that covers more than the basics? These optional clauses are smart things to include in lease agreement documents if you want more clarity and protection:

  • Sublease agreement rules
  • Parking fees or restrictions
  • Rules on lease violations
  • Info about rent increases and rent control (where applicable)
  • Rules for dealing with other tenants in multi-unit buildings
  • Language about following state laws, local laws, and fair housing laws

Avoid Legal Issues and Protect Your Rental with Expert Lease Execution

A clear, well-written lease agreement isn’t just smart—it’s necessary. It protects your Miami rental, your income, and your peace of mind. Whether you’re signing a month-to-month lease or a year-long rental lease agreement, don’t leave things to chance.

At Pristine Property Management LLC, we’ve seen too many landlords in Miami run into problems because they used a free lease template they found online. Most don’t follow landlord-tenant laws, and many leave out important protections.

We help you draft a comprehensive lease agreement that covers:

  • Rent payments, fees, and grace periods
  • Lease renewal and lease termination options
  • All legal requirements for residential lease agreements in Miami (see the benefits of turnkey property management for a more hands-off approach)
  • Custom clauses based on your property’s needs

We also handle tenant screening, move-in coordination, rent collection, and more!

Want help setting up your lease execution and renewals? Contact us today and get your Miami rental covered from day one.

FAQs

Can a landlord change lease terms during a lease?

For a fixed-term lease, landlords generally cannot change lease terms without the tenant’s agreement until the lease term ends. However, with a month-to-month lease, landlords can modify terms by providing proper advance notice, typically 15 days before the end of any monthly period, as specified in Florida Statutes § 83.57. Changes must comply with state laws and cannot violate fair housing rules.

What happens if a tenant violates the lease?

If a tenant violates the lease, Florida landlord-tenant laws require the landlord to provide written notice specifying the violation. The tenant is then given a chance to correct the issue within a set period, often 7 days for non-payment of rent or 7-15 days for other breaches based on Florida Statutes § 83.56, § 83.59. If the tenant fails to remedy the violation, the landlord may begin eviction proceedings. It’s important to follow proper legal procedures to avoid complications.

Are electronic signatures valid on lease agreements in Florida?

Yes, electronic signatures are legally valid for lease agreements in Florida. Under the Florida Uniform Electronic Transaction Act (UETA) and the federal ESIGN Act, electronic signatures carry the same legal weight as handwritten ones, provided both parties consent to conduct the transaction electronically. This means landlords and tenants in Florida can legally sign a residential lease agreement via platforms like DocuSign or Adobe Sign, making the process faster and more efficient.

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