Required Disclosures for Florida Landlords: What Must Be Provided to Tenants?

Florida landlords and rental property managers are often focused on lease agreements, rent collection, maintenance issues, and property operations. However, landlords should also be aware of various disclosure requirements that may apply before or during a tenancy.

Some disclosures are required by Florida law while others arise under federal law. Understanding which disclosures are legally required can help landlords avoid compliance issues, potential liability, and costly legal disputes.

Why Are Disclosures Important?

Disclosures are intended to provide tenants with information that may affect their health, safety, or use of the property. Failure to provide a required disclosure may expose a landlord to legal claims, regulatory penalties, or enforcement actions.

Depending on the circumstances, disclosures may relate to:

• Flood risks
• Lead-based paint hazards
• Property ownership and management information
• Security deposit handling
• Safety concerns and emergency preparedness

Flood Risk Disclosure

Florida law requires certain residential landlords to provide a flood disclosure to prospective tenants. Section 83.49(3) of the Florida Statutes requires a landlord to provide a written flood disclosure at or before execution of a residential rental agreement with a term of one year or longer. The disclosure generally advises prospective tenants regarding:

• Whether the property has experienced flooding
• Whether the landlord has actual knowledge of flood damage
• The availability of flood insurance through the federal government

Because the law applies only under specific circumstances, landlords should carefully review the statutory requirements with an experienced Florida landlord attorney and update their leasing procedures accordingly.

Lead-Based Paint Disclosure

Federal law requires disclosures for many residential properties constructed before 1978. Because these requirements arise under federal law, they apply regardless of whether Florida law separately addresses the issue. Failure to comply with federal lead disclosure requirements can result in significant penalties.

Under the federal Residential Lead-Based Paint Hazard Reduction Act and related HUD and EPA regulations, landlords of covered properties generally must:

• Provide a lead-based paint disclosure form
• Disclose known lead-based paint hazards
• Provide the EPA’s lead hazard information pamphlet
• Retain documentation of compliance

Landlord Identification Disclosure

Florida law requires landlords to disclose certain ownership and management information to tenants. Section 83.50, Florida Statutes, requires landlords to disclose:

• The name and address of the landlord or landlord’s authorized agent
• The name and address of the person authorized to receive notices and demands on behalf of the landlord

This information is important because many statutory notices must be delivered to the proper individual or entity. Landlords should ensure that tenants receive updated information whenever management or ownership changes affect notice requirements.

Security Deposit Disclosure

Florida landlords who collect security deposits must comply with the disclosure requirements contained in Section 83.49, Florida Statutes. The statute generally requires landlords to notify tenants regarding:

• How the security deposit is being held
• Whether the deposit is held in a separate account
• Whether interest is being paid
• The location of the financial institution holding the deposit

The required disclosure must be provided within the statutory timeframe after receiving the deposit. Because security deposit disputes are common, landlords should carefully review the statutory requirements with an experienced Florida landlord attorney and maintain documentation confirming compliance.

Are Other Disclosures Required?

Florida law does not currently require a statewide bed bug disclosure form for residential rentals. However, landlords of multifamily housing may have obligations regarding pest control and habitability under Florida’s Residential Landlord and Tenant Act.

Florida does not currently have a general statewide statute requiring landlords to provide a mold disclosure before leasing residential property.

In most situations, general fire safety publications (ex. carbon monoxide information sheets, fire escape planning guides) are not specifically required disclosures under Florida’s Residential Landlord and Tenant Act.

While not generally required by statute, some landlords and property managers may choose to distribute these materials as part of broader tenant education efforts.

Best Practices for Florida Landlords and Property Managers

To reduce compliance risks and costly legal disputes, landlords and property managers should consider:

• Maintaining a standardized leasing package
• Reviewing disclosure requirements annually
• Updating lease packages when laws change
• Maintaining signed disclosure acknowledgments
• Retaining records of all disclosures provided
• Consulting with an experienced Florida landlord attorney regarding new federal, state, and local disclosure obligations

Legal Resource

Florida landlords may be subject to a variety of disclosure requirements arising under both Florida state and federal law. Because disclosure requirements can change over time and may vary depending on the property involved, Florida landlords and rental property managers should regularly review their leasing procedures and consult with an experienced Florida landlord attorney to ensure ongoing compliance.

Questions about disclosures, security deposits, leases, evictions, tenant disputes, and other landlord legal issues? Our experienced Florida landlord/tenant attorneys are here to help.

Call KSN toll-free at 855-537-0500 or visit www.ksnlaw.com/landlord-and-tenant

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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