Florida’s lease laws are changing in 2025, and here’s what you need to know:
- Commercial lease tax elimination: Starting October 1, 2025, Florida will no longer impose the commercial rent sales tax (previously 2%), including the County Surtax (0.5%-1.5%).
- Affordable housing development: New provisions under the Live Local Act aim to simplify and accelerate development approvals statewide.
- Statewide consistency: Local governments can no longer enforce conflicting rental regulations, making compliance easier for landlords operating in multiple areas.
- Flood disclosures: From early 2026, landlords must include flood risk details in residential lease agreements lasting one year or more.
- Longer notice periods: Residential month-to-month lease terminations now require extended notice.
These updates aim to streamline rental processes, reduce costs, and improve clarity for landlords and tenants. However, both parties must review and update lease agreements to ensure compliance. Legal guidance is recommended for complex situations like evictions or disputes over security deposits.
Major Legislative Changes to Florida Lease Laws
In 2025, Florida introduced updates to its lease laws to bring consistency to commercial and residential agreements. These changes address areas like taxes, notice periods, and required disclosures.
Statewide Changes and Their Implementation Dates
Starting October 1, 2025, commercial leases will no longer include outdated tax clauses, a move aimed at lowering costs for tenants. For residential leases, the law now requires longer notice periods for ending month-to-month agreements, giving renters additional time to secure new housing. Property managers will need to revise lease agreements and adjust notification procedures to align with these updates.
State Law Supersedes Local Lease Regulations
The updated legislation preempts local governments from imposing rental regulations that conflict with state standards. Cities and counties can no longer enforce additional requirements like extra registration rules, stricter occupancy limits, or additional disclosure demands. This statewide consistency is designed to simplify compliance, especially for property owners and management companies that operate in multiple jurisdictions. Along with streamlining regulations, the law also introduces key disclosure requirements.
Mandatory Flood Disclosures
Recognizing Florida’s increasing flood risks, the law mandates that, starting in early 2026, all lease agreements must include information about the property’s flood zone, its flood history, and details about insurance and evacuation procedures. This gives landlords time to update their lease documentation accordingly.
New Requirements for Lease Agreements
Florida’s updated lease agreement rules aim to strengthen tenant protections, introducing new obligations for landlords. Starting in 2025, flood disclosures will become a key part of lease agreements.
Required Disclosures
Beginning October 1, 2025, landlords will be required to inform potential tenants about flood risks. This applies to residential leases lasting one year or more and must be provided at or before the lease is signed.
How the Changes Affect Landlords and Tenants
The upcoming updates to Florida’s lease laws in 2025 aim to create a consistent set of regulations across the state. By standardizing these rules, the changes make it easier to navigate legal requirements but also limit the ability of local governments to enforce specific protective measures.
Benefits and Challenges of Statewide Rules
Starting July 1, 2024, Florida law will override local rent-control ordinances. For landlords managing properties in multiple areas, this simplifies compliance by eliminating the need to follow varying local regulations. However, this uniform approach comes at a cost – localities lose the ability to enforce tailored protections for tenants, potentially reducing safeguards that were designed to address specific community needs.
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How to Comply with 2025 Lease Law Changes
Florida’s updated lease laws require both landlords and tenants to revisit their agreements and make necessary adjustments to align with the new state regulations.
Updating Lease Agreements
It’s important to carefully review current lease agreements to ensure they meet the new requirements. For landlords, this means updating disclosure provisions, notification methods, and termination clauses. Pay special attention to clauses about delivering notices – electronic communication is permitted only if the tenant provides written consent. On the tenant side, it’s essential to understand these changes, particularly those related to how notices are delivered and the timing of notifications. Discuss any concerns with your landlord before renewing your lease.
If you’re unsure about any part of the updated lease, consulting a legal professional is a smart move.
When to Get Legal Help
Navigating these changes can be complex, and professional legal advice can help avoid costly mistakes.
"Because these proceedings are so technical, it is wise to have them handled by an attorney", says The Florida Bar. "A single mistake can result in serious delay in your regaining possession of the property."
For landlords, legal assistance is especially important when dealing with tenant abandonment, whether it involves unpaid rent or abandoned property. Before disposing of a tenant’s belongings or re-renting the property, consulting an attorney can help you avoid legal missteps.
For tenants, getting legal help is critical if you receive eviction papers, as the timeframe for responding is limited. You should also seek advice if a condominium association demands that rent payments go directly to them instead of your landlord, or if you dispute the amount of rent claimed in an eviction case.
Other situations where legal counsel is essential include cases where a landlord fails to return a security deposit within 15 days of move-out or does not provide a safe and livable home after receiving a seven-day written notice. Before withholding rent or terminating a lease, it’s wise to consult an attorney.
If you need legal assistance, you can contact The Florida Bar Lawyer Referral Service at 800-342-8011. Local lawyer referral services or legal aid offices can also provide support for landlord-tenant issues.
Conclusion
Florida’s 2025 lease law updates bring important changes to how landlords and tenants interact. By eliminating commercial lease taxes and allowing electronic notice delivery, the updates simplify rental procedures and help cut down on expenses. These changes aim to make agreements clearer and more efficient for everyone involved.
However, landlords who fail to provide required disclosures and tenants unaware of their rights could face financial consequences. Staying informed about these updates is crucial, whether you’re managing properties or renting a home. Seeking professional advice can be a smart move when dealing with lease renewals, tenant abandonment, or eviction matters to ensure your interests are well-protected.
FAQs
What financial impact will the removal of Florida’s commercial rent sales tax in 2025 have on landlords and tenants?
Beginning October 1, 2025, Florida will eliminate the 2% sales tax on commercial rent, a move that promises to bring noticeable financial relief for both tenants and landlords.
For tenants, the change translates to immediate savings. Take this example: a tenant paying $100,000 in monthly rent could save around $24,000 annually – money that can be redirected toward other business needs or investments.
Landlords stand to gain as well. Without the need to collect or remit sales tax on rent, managing tax obligations becomes simpler. This shift could also enhance net rental income, making commercial leasing arrangements more attractive overall. By reducing costs for tenants and easing administrative burdens for landlords, this policy change creates a mutually beneficial outcome for both sides.
What do Florida landlords need to do to comply with the new flood disclosure rules starting October 2025?
Starting October 1, 2025, landlords in Florida will be required to give tenants a flood disclosure form before signing a lease. This document must detail any known flood damage, past flooding incidents, and insurance claims related to flooding. Additionally, lease agreements should be updated to clearly specify flood risks, and landlords must keep records of these disclosures to comply with the new regulations.
By following these guidelines, landlords can meet legal obligations while promoting greater transparency with tenants. Being aware of these changes is crucial to avoid fines or potential conflicts.
How do Florida’s statewide rental laws affect local governments’ ability to address housing issues?
Statewide rental laws in Florida, including restrictions on rent control and standardized notice requirements, aim to create uniformity across the state. This approach makes it easier for landlords and tenants to understand and comply with regulations. However, these laws can also limit the ability of local governments to address specific housing challenges, such as affordability or tenant protections, in ways that suit their communities’ unique needs.
Striking a balance between statewide consistency and local flexibility can be tricky. While uniform laws simplify processes, they may not always account for the diverse issues faced by individual communities. If you’re curious about how these laws might affect your situation, consulting a knowledgeable legal professional can provide clarity and personalized advice.