1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.
2. Radon Gas Disclosure
The above statutory language is required by Florida Statute §404.056(5) to be included in all residential lease agreements. Radon is an invisible, odorless gas produced by the natural decay of uranium in soil, rock, and water. It can enter buildings through cracks in floors, walls, and foundations.
The U.S. Environmental Protection Agency recommends action if radon levels exceed 4 picocuries per liter (pCi/L) of air. Tenants may conduct radon testing at their own expense and should notify Month2Month of any results exceeding the recommended action level.
For more information: Florida Department of Health Radon Program at 1-800-543-8279 or www.floridahealth.gov/environmental-health/radon/.
3. Security Deposit
Deposit Limits
Florida law does not set a statutory maximum for security deposits. However, the amount of the security deposit for your property will be specified in your lease agreement.
Holding the Deposit
Pursuant to FL Statute §83.49, the landlord must hold the security deposit in one of the following ways:
- Separate non-interest-bearing account in a Florida banking institution. The landlord may not commingle the deposit with other funds.
- Separate interest-bearing account in a Florida banking institution, with the tenant receiving interest at a rate of 75% of the annualized average interest rate or 5% per year simple interest, whichever the landlord chooses.
- Surety bond posted with the clerk of the circuit court in the county where the property is located, in the amount of the deposit, with the tenant receiving 5% per year simple interest.
Within 30 days of receiving the security deposit, the landlord must notify the tenant in writing of the manner in which the deposit is being held, the name and address of the depository, and whether the deposit is being held in an interest-bearing or non-interest-bearing account.
Return of Deposit
Upon termination of the lease and the tenant vacating the property:
- If no claim on deposit: Month2Month will return the full security deposit within 15 days after the tenant vacates.
- If a claim on deposit: Month2Month will send written notice by certified mail to the tenant's last known mailing address within 30 days after the tenant vacates, specifying the reason for imposing a claim on the deposit.
Permitted Deductions
The security deposit may be used for: unpaid rent; damage to the premises beyond normal wear and tear; and other charges authorized under the lease agreement or Florida law.
Disputes
If you dispute any deduction, you must object in writing within 15 days of receiving the landlord's claim notice. If the dispute cannot be resolved, either party may file in small claims court or circuit court. If a court finds the landlord's claim was made in bad faith, the tenant may recover the deposit plus court costs and attorney's fees.
4. Landlord Identity and Address Disclosure
Pursuant to FL Statute §83.50, at the commencement of the tenancy, the landlord or the landlord's agent must disclose in writing to the tenant:
- The name and address of the landlord or the landlord's authorized agent.
- The name and address of a person authorized to receive legal notices and service of process on behalf of the landlord.
Your lease agreement contains the specific owner information, property manager contact information, and emergency maintenance contact for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
5. Fire Protection and Smoke Detectors
Florida law requires that all residential rental dwellings be equipped with functioning smoke detectors. All Month2Month rental properties are equipped with operable smoke alarms installed in compliance with Florida law and the Florida Fire Prevention Code.
Smoke detectors are installed in each sleeping room, in the hallway or area immediately outside of sleeping rooms, and on every level of the dwelling, including basements.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke alarm. This is a violation of Florida law.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
Month2Month is responsible for ensuring all smoke alarms are operable at the beginning of each tenancy and for maintaining them throughout, including replacing batteries and units as needed.
6. Mold Disclosure
While Florida does not have a specific statute requiring mold disclosure in residential leases, Florida's warm and humid climate makes mold prevention and awareness particularly important. Month2Month provides this disclosure as a best practice to protect tenant health and safety.
Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems. You have a right to know about mold in your rental unit and how to prevent it.
Month2Month is not aware of any mold in the rental property that poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Use exhaust fans in bathrooms and kitchens, and ensure air circulation. Florida's high humidity requires extra attention to ventilation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use air conditioning: Keep the air conditioning running to control indoor humidity. Do not turn off the A/C for extended periods, especially during summer months. Maintain the thermostat at or below 78°F to manage humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself, especially in bathrooms, kitchens, and around window sills.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
Under Florida law, landlords are required to maintain rental properties in habitable condition. If mold develops due to landlord negligence (such as failure to repair leaks or maintain the HVAC system), the landlord is responsible for remediation.
7. Bed Bug Disclosure
While Florida does not have a specific statute mandating bed bug disclosure in residential leases, Month2Month provides this information to protect tenants and promote early detection.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately. Month2Month certifies that, to its knowledge, no unit is offered for lease with a known active bed bug infestation.
8. Code Violations Disclosure
Pursuant to FL Statute §83.50(2), a landlord who is notified by a governmental agency that a building is deemed unsafe for human habitation must notify the tenant in writing within 7 days of receiving such notification. If the tenant was not notified before signing the lease, the tenant may terminate the lease and receive a full refund of all prepaid rent and security deposit.
Month2Month certifies that, to its knowledge, no outstanding building code violations exist that render the property unsafe for habitation at the time of your lease. If any code violation is identified during your tenancy, Month2Month will notify you promptly and take appropriate corrective action.
If applicable to your property, specific code violation information will be disclosed in your lease agreement if applicable.
9. Flood Zone Disclosure
Florida is particularly susceptible to flooding due to hurricanes, tropical storms, and its low-lying geography. Pursuant to FL Statute §689.261, a landlord is not specifically required to disclose flood zone status in a residential lease; however, Month2Month provides this information as a best practice.
If your property is located in a special flood hazard area as designated by FEMA, or has experienced flooding, this information will be disclosed in your lease agreement if applicable.
Hurricane Preparedness
Florida tenants should be prepared for hurricane season (June 1 through November 30). Month2Month recommends that tenants:
- Maintain an emergency supply kit with water, food, medications, flashlight, and batteries.
- Know your evacuation zone and route.
- Sign up for local emergency alerts and monitor weather advisories.
- Follow instructions from Month2Month regarding hurricane preparation for the property.
- Secure or bring inside all outdoor furniture and items during tropical weather advisories.
For flood zone information, visit the FEMA Flood Map Service Center at https://msc.fema.gov/portal/home.
10. HOA and Condominium Rules Disclosure
If the property is located within a homeowners association (HOA), condominium association, or cooperative association, additional rules and regulations may apply to tenants beyond the terms of the lease agreement.
Pursuant to Florida law, tenants residing in association-governed communities may be subject to:
- Association rules and regulations regarding noise, parking, common areas, trash disposal, and pet policies.
- Restrictions on use of amenities including pools, gyms, clubhouses, and common areas.
- Guest and visitor policies, including registration requirements.
- Vehicle registration and parking requirements.
- Exterior appearance and maintenance standards.
- Move-in and move-out procedures, including elevator reservations and designated moving hours.
If your property is in an HOA or condominium community, a copy of the applicable rules and regulations will be provided as part of your lease package. Violation of association rules may constitute a lease violation and could result in fines assessed by the association and passed through to the tenant.
If applicable to your property, specific HOA/condominium rules will be disclosed in your lease agreement.
11. Domestic Violence Protections
Right to Terminate Lease Early
Pursuant to FL Statute §83.683, a tenant who is a victim of domestic violence, dating violence, sexual violence, or stalking may terminate a rental agreement and vacate the premises upon providing written notice and documentation to the landlord. The tenant must provide:
- Written notice to the landlord that the tenant intends to terminate the rental agreement.
- A copy of an injunction for protection, a police report relating to an act of domestic violence, or a court order.
The lease terminates on the date stated in the notice or no later than 30 days after the landlord receives the notice, whichever comes first.
Right to Request Lock Changes
A tenant who is a victim of domestic violence may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks promptly upon receiving a written request accompanied by qualifying documentation.
Protection from Eviction
A landlord may not terminate a tenancy or refuse to renew a tenancy solely because the tenant or a member of the tenant's household is a victim of domestic violence or the police have been called to the premises in connection with domestic violence.
Confidentiality
Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- Florida Domestic Violence Hotline: 1-800-500-1119
- National Sexual Assault Hotline: 1-800-656-4673
- Florida Coalition Against Domestic Violence: www.fcadv.org
- Florida Attorney General Victim Services: www.myfloridalegal.com
12. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
13. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must meet basic health and safety standards, including structural integrity, plumbing, heating, running water, electricity, weather-tight windows and doors, and freedom from vermin and pests. (FL §83.51)
- Privacy: Your landlord must give at least 12 hours' notice before entering your unit (except in emergencies) and may only enter at reasonable times for specific lawful purposes. (FL §83.53)
- Return of Security Deposit: Your deposit must be returned within 15 days (no claim) or 30 days (with claim notice) after move-out. (FL §83.49)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, national origin, handicap, familial status, or any other characteristic protected by federal or Florida fair housing law. (FL §760.23)
- Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including complaining to government agencies, organizing a tenants' association, or exercising rights under the lease or Florida law. (FL §83.64)
- Repairs and Maintenance: You have the right to request repairs for conditions that violate the building, housing, or health codes or that materially affect health or safety. If the landlord fails to make repairs within 7 days of written notice (or a shorter time in an emergency), you may have the right to withhold rent, terminate the lease, or pursue other remedies. (FL §83.56, §83.60)
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures and cannot use "self-help" eviction methods such as changing locks, removing doors or windows, shutting off utilities, or removing your belongings. (FL §83.67)
- Right to Notice Before Eviction: The landlord must provide written notice (3 days for nonpayment of rent, 7 days for curable lease violations, 7 days for noncurable violations) before filing an eviction action. (FL §83.56)
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Comply with all applicable building, housing, and health codes.
- Not unreasonably disturb neighbors or other residents.
- Use all plumbing fixtures, electrical systems, and appliances in a reasonable manner.
- Provide proper notice before moving out and return the property in clean condition.
Resources
- Florida Bar Lawyer Referral Service: 1-800-342-8011
- Florida Department of Agriculture and Consumer Services: www.fdacs.gov
- Florida Legal Aid: www.floridalawhelp.org
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing Hotline: 1-800-669-9777 (HUD)