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Frequently Asked Questions

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Do I need a written lease agreement to create a legal rental agreement with a tenant?

No, as long as the lease term is not more than 1 year. Under the Statute of Frauds, if the lease term is more than 1 year, the agreement must be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.

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Do I need an attorney to prepare a written lease agreement?

It depends. Individual owners of real property can draft their own lease agreement, but if you are leasing property as a property manager, the property manager cannot draft a lease agreement. The property manager can only use what is known as the “FAR-BAR” lease or a lease prepared by an attorney. It is highly advisable to have a landlord-tenant attorney prepare your lease agreement.

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Does a tenant have the right to sublease my rental property?

Yes, unless the written lease agreement explicitly prohibits the tenant from subleasing. This is one of many good reasons why you should put your lease agreements in writing.

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How should I handle a situation where the tenant is requesting to amend the lease agreement?

In short, the lease agreement should be in writing, and any amendments should be in writing. Lease agreements are legal documents that affect your rights and obligations. Be sure to have an attorney help you with your lease agreement and addenda.

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Does Florida law regulate how much rent I can charge a tenant?

No, but Florida law does prohibit unlawful discrimination and retaliation in regard to how you set and increase rent.