The Basics of Room Lease Agreements
Room lease agreements are contracts that are specifically tailored for those who lease individual rooms within a residential property in exchange for room and board. The arrangement is often likened to a boardinghouse agreement of yesteryear, but it can also be in a shared house where tenants share a common kitchen and living room and bathrooms but have private sleeping areas.
Unlike a standard Florida residential rental agreement where there are clear distinctions between tenant and landlord rights, in a room lease agreement, you will find terminological differences that are reflective of the unique relationship between the parties to the contract. For example: In a room lease, the person leasing the room is not referred to as the tenant, but rather refer to themselves as a lodger or boarder, and the landlord is often times referred to as the owner or keeper of the house.
This distinction becomes important if a problem arises between the owner of the home and the boarder. If the boarder sticks to his claim that he is not a tenant, he can defeat a claim for eviction because the summary ejectment statutes, Fla. Stat. § 83.561 & Fla. Stat. § 83 . 575, under which the owner will attempt to dispose of him, only apply to residential tenancies. This is the crux of the "squatter" problem we are seeing more and more. With no eviction remedy, the owner/mortgagee is left with no remedy.
Room leases do not properly fit within the Florida residential landlord-tenant act. As a result, the case law on commercial tenancies is a proper point of reference. For example, why the boarder is entitled to fair notice, a reasonable opportunity to cure, and a final accounting, etc. Although the Florida Residential Landlord-Tenant Act contains no requirements for notices to tenants, common law requires landlords to provide a lease tenant with a reasonable opportunity to cure any lease violations.
The main distinction between room lease agreements and regular residential landlord-tenant agreements is that room leases frequently contain a "short term" provision, such that they can be terminated without the usual 30 or 60 day notice applicable to other lease agreements. The reason these room leases are used is the same reason they are often termed weekly/monthly rentals, i.e., to avoid summary ejectment proceedings and take advantage of the perceived immunity of other Florida statutes.
Essential Components of a Florida Room Lease Agreement
A room lease agreement must include the names of the landlord and tenant, the amount of rent owed by the tenant each month, when the rent is due, what the form of payment will be (check, cash, automatic payment from a checking account, etc.), what amenities are included as part of the rent (i.e., parking garage with one parking space is included in the rent), whatever utilities are included in the rent (i.e., water, electric, cable, sewage), who is responsible for all other utilities, whether the rent is subject to increase and if so, the amount and when is the increase, whether pets are allowed at the premises (size and number of pets may also be included for clarification for all parties), who is responsible for maintaining the property, where notice must be given in the event of termination of the lease (which runs against public policy in Florida as a 1 year lease must be in writing and signed by the landlord and you, so if your landlord agrees in writing to terminate your 1 year lease, you should get it in writing), etc.
The Legal Aspects of Florida Room Lease Agreements
In addition to the statutory considerations for commercial leases in Florida, it is important to consider the impact of landlord-tenant laws on the room rental arrangement. Such laws have to be considered in tandem with room leases, particularly when the tenant is an individual, as opposed to a commercial entity.
Section 83.591 of the Florida Statutes, entitled "Landlord and Tenant; Cause of Action for Breach of Statutory Duty," requires landlords to comply with certain provisions of Florida law, including provisions requiring compliance with building, housing, and health codes applicable to the premises (more on that below), provisions regarding the maintenance of parts of the premises, provisions regarding locks or window latches to make the premises safe, provisions to "exterminate rodents and insects," and provisions which provide specific remedies for the landlord’s failure to comply with the applicable landlord-tenant laws. Section 83.591 does not apply to "any landlord who owns or manages 15 or fewer residential units, regardless of whether tenancy is by lease or any other agreement."
Section 83.551 of the Florida Statutes, entitled "Noncompliance with Rental Agreement," provides that the landlord has a specific obligation to provide the facilities and services required by the rental agreement and to undertake "repairs and maintenance" as needed "to put and keep the premises in a condition of fitness for human habitation." Failure to do so constitutes noncompliance with the lease under the statute.
A landlord’s decision to not renew a room lease because a tenant failed to comply with a "material term," such as paying applicable rent or making agreed-upon improvements to the space, may implicate Section 83.651(2) of the Florida Statutes, which provides that the "landlord or the tenant may terminate week-to-week tenancies as follows: (a) Through the giving of at least 7 days’ notice . . . in writing." (General statutory rules governing the termination of month-to-month (and years-to-years) leases are provided in Section 83.46 of the Florida Statutes.)
As above, Section 83.651 does not apply to the termination of a lease "by the landlord of a week-to-week tenancy of residential premises in a county having a population of less than 150,000 according to the most recent decennial census" nor to tenancies of "rooms or private common bath in houses, dormitories and private clubs." Further, Section 83.651 does not confer upon the landlord the ability to terminate a week-to-week tenancy for a "casual or incidental subscription" without following the notice periods provided for by the statute; rather, the statute allows the parties to terminate at any time, "either orally or in writing."
Typical Provisions of a Florida Room Lease Agreement
Like all contracts in Florida, room lease agreements are typically governed by the Florida Contract Law. Room lease agreements in Florida will usually include clauses that cover security deposits, rights and responsibilities of both tenants and landlords, termination conditions, and modifying the agreement. Room Lease Agreements in Florida typically contain a security deposit clause. In this clause, the terms of the security deposit are outlined and the contracting parties identify the conditions under which the security deposit might be withheld. The Florida Roommate Law requires that security deposits be in writing. It also requires the landlord to account for the deposit within 30 days of the tenant vacating the premises. Florida Statute § 83.49(2)(a)-(c). If the landlord intends to withhold any part of the security deposit, they must give notice in writing to the tenant and account for the full amount with the reason for withholding it. Id. Rights and Responsibilities in Florida Room Lease Agreements typically cover the obligations of the tenant and the landlord. The Florida Roommate Law states that the tenant and the landlord are responsible for paying their share of the utilities (this will be established in the slate of charges set forth in the Room Lease Agreement) according to the Florida Statutes, "The landlord and tenant shall share the costs of basic utilities equally, unless otherwise provided by the rental agreement." The Florida Roommate Law provides that the landlord is responsible for providing running water and also explains the conditions that must be met in order for the landlord to enter the premises to make repairs. These terms are usually clarified in the Room Lease Agreement so that there is no misunderstanding about the obligations created by the room lease. The Common Lease Termination Clause under the Florida Roommate Law basically makes all leases month-to-month unless the lease agreement specifically states it is for a fixed lease term. Under Florida Statute § 83.595, without regard to whether the rental agreement is for a fixed term or for one month, the tenant must pay rent in full when due and maintain the apartment in good repair. This section goes on the explain how a lease may terminate in Florida, whether under a fixed term or month-to-month. For a room lease agreement, damages will most likely be found for breach of contract if the tenant vacates prior to the lease termination date; however, the landlord must make a diligent effort to find a replacement tenant who will pay rent to reduce the damage amount. See Florida Statute § 83.595(2).
Modifying a Room Lease for Unique Circumstances
Room Lease agreements in Florida are no different than any other kind of lease agreement and can be customized for specific needs or circumstances. Does a landlord only want a single month to month commitment? Should a roommate pay a higher rent given his or her own struggles over credit history? Do they need to have a pet in the shared space? Are there children going to be frequenting the space? There are thousands of potential questions that can lead to different solutions, but the most important thing is that all details are legally binding in case of a dispute.
There are a lot of questions that need to be answered, and each roommate may require something slightly different, so the first time you sit down to discuss the Room Lease agreement , keep the following tips in mind:
- Are utilities included in the agreement?
- Is snow removal or lawn maintenance included?
- Who is responsible for maintenance to the room?
- Will any guests be taking part in the lease, and if so, how often?
- Is there a pet compromise to allow a dog or cat?
- How often will the rent be raised?
- Is a bond required in case of damage to the room?
- How will the room be paid for? Electronic money transfers, cash payments at the bank, etc?
Both tenants and landlords with a Florida Room Lease agreement need to remember that it’s hard to prove anything without proof. The best way to make sure everyone understands the terms and conditions of the lease is to force face-to-face communication, and have all agreements deducted in the final document before it’s signed and dated.
Resolution of Conflicts Arising from Room Lease Agreements
In the event of a dispute arising out of the Room Lease Agreement, the parties generally agree to follow the procedures outlined in the Florida Residential Landlord and Tenant Act (the "FLLTA"). Under the FLLTA, the tenant and the landlord must mail or deliver written notice to each other. If the complaint is not resolved within seven days after the tenant gives the notice, the tenant may either cancel the lease or bring an action at law for recovery of damages and for special any other relief permitted by the lease or provided by the FLLTA.
Three initial points to keep in mind. First, the FLLTA’s remedies are technically unavailable if the tenant or landlord has waived the right to them. Second, this provision does not state what happens if there is no response to the notice. Third, a landlord is not entitled to utilize the remedy of summary proceeding unless the notice requirements have been met.
There is another option for dispute resolution. Many Room Lease Agreements require binding arbitration under the Florida Arbitration Code. Arbitration is less formal than court proceedings, although parties may be represented there. Arbitration requires parties to present their case through documents to an arbitrator and generally does not involve live testimony.
Room Lease Agreement Renewals and Terminations
Room lease agreements generally have fixed terms, and provide for the assessment of rent to the guest or occupant over the term of the room lease. If a room lease has a specified term, such as 30 days, 45 days, 90 days or one year, it is legally binding on the parties for the specified term and may only be modified or terminated in accordance with the provisions of section 83.575, Florida Statutes (2005).
The room lease agreement may include a provision relative to renewal of the room lease for the same term by payment of rent for the next term. For example, if the room lease is for 30 days and the room lease provides that the guest shall be responsible to pay rent for the next 30 days, the host is contractually required to honor that provision. If the guest fails to vacate the premises by the end of the 30-day term, the host has the right, at its option, to extend the room lease for a like term upon receipt of the required rent as set forth in the room lease agreement. In this case, if the room lease is renewed by payment of the required rent, the provisions of section 83.575, Florida Statutes (2005), will apply and the host shall be able to terminate the room lease by giving at least seven days written notice to the guest or occupant and may impose any penalty as set forth in the room lease agreement for failure to vacate the premises by the end of the term.
If the parties have agreed to a term of more than three months, then the guest or occupant must give the host landlord with at least 30 days written notice pursuant to section 83.575, Florida Statutes (2005), and the host may not charge the occupant more than $30.00 or five percent of his or her rent per month (monthly rent shall include any amount added for food service, rental of furniture, use of recreational facilities, parking, and any other service included) for the first violation of failure to timely pay rent under the room lease agreement. As to any subsequent failure to timely pay rent, the host may assess a penalty of an amount not to exceed $60.00 or ten percent of the monthly rent.
The room lease agreement may also provide for early termination by either party to the room lease agreement, provided that the provisions relative to early termination are included in the room lease agreement. A violation of those provisions and the penalties for a violation of the agreement must be in writing and posted conspicuously in and about the unit occupied by the guest. The signage must be at least 8.5 by 11 inches and must state in no smaller than 14-point type:
Room Leasing Resources and Support in Florida
Florida’s Department of Business and Professional Regulation has a page that offers information on licensed Real Estate Brokers and Sales Associates who may have knowledge about leasing space, including rooms, in Florida. The page offers a link to Florida DBPR’s on-line License Search that can be used to verify a licensee’s qualifications. It also offers a link to their complaint form.
Florida’s County Property Appraisers offer a page that allows the public to search Comprehensive Property Records via the internet.
Florida Legal Aid Disaster Network’s website offers several resources related to landlord tenant matters. Their FAQ section address rental issues, including guest houses . They also offer a section with resources specific to Florida’s Aging Population, including information on home and community-based services. Their Spanish-language site includes a FAQ section specific to renters.
Florida Bar’s "Renting Residential Property" written by Seminole County Bar Association with property descriptions, discussion of landlord-tenant laws, and sample forms; "A Tenant’s Guide to Eviction" written by Nela Aranda, Esq., of Florida Rural Legal Services, Inc. and Florida Rural Legal Services, Inc.’s Rental Agreement Checklist. Florida Rural Legal Services, Inc. also offers a "Tenant Rights" page, in Spanish as well, and information on domestic violence.
