Understanding Lease Agreements in Miami: Key Terms Explained
Written by Anthony Spitaleri, Miami Realtor | Living in Miami
Signing a lease agreement in Miami is one of the most important steps when renting a home, condo, or commercial space. Whether you’re new to the Miami rental market or looking to better understand your rights as a tenant or landlord, having a clear grasp of key lease terms is essential.
In this guide, I’ll break down everything you need to know about lease agreements in Miami, including lease duration, security deposits, rent payment terms, maintenance responsibilities, and Florida-specific rental laws.
What Is a Lease Agreement in Miami?
A lease agreement is a legally binding contract between a landlord and tenant that outlines the terms of a rental property. This document ensures that both parties understand their rights, obligations, and financial commitments while protecting against misunderstandings and disputes.
A Miami rental agreement must comply with Florida’s landlord-tenant laws, which govern security deposits, eviction procedures, and maintenance responsibilities.
Key Components of a Miami Lease Agreement
1️⃣ Parties Involved
A lease must clearly identify the landlord and tenant, including full names and contact information. If there are multiple tenants, the lease should specify whether they are jointly responsible for the rent and other obligations.
2️⃣ Property Description
The lease should include the full address of the rental unit, along with details such as:
• The unit number (if applicable)
• Parking space assignments
• Storage areas, garages, or additional rental spaces included in the lease
For commercial leases, property descriptions may also include square footage, permitted uses, and zoning restrictions.
3️⃣ Lease Duration & Renewal Terms
Miami leases typically fall into two main categories:
• Fixed-Term Lease: Specifies a set start and end date (e.g., a 12-month lease). Renewal terms should be clearly outlined, including any changes in rent.
• Month-to-Month Lease: Provides flexibility but may allow the landlord to increase rent or terminate the lease with proper notice (typically 15 to 30 days in Florida).
Rent Payment Terms in Miami
4️⃣ Monthly Rent & Payment Schedule
Every lease should clearly state:
• The monthly rent amount
• The due date for payment (typically the 1st of the month)
• Acceptable payment methods (check, direct deposit, online portals, etc.)
• Late fees and grace periods allowed under Florida law
According to Florida law, landlords cannot charge late fees unless specified in the lease agreement, and fees must be reasonable.
Security Deposits: Florida Laws & Refund Policies
5️⃣ Security Deposit Requirements
In Florida, landlords can charge any amount for a security deposit, but they must comply with state regulationsregarding how the deposit is held and returned.
Landlords must hold the security deposit in a separate bank account and provide written notice to the tenant within 30 days specifying:
• The bank’s name and location
• Whether the deposit will earn interest
• The conditions under which it may be withheld
6️⃣ When Can a Security Deposit Be Withheld?
A landlord can only keep part or all of a security deposit for:
• Unpaid rent
• Property damage beyond normal wear and tear
• Breach of lease agreement terms
If a landlord withholds any portion of the deposit, they must send written notice to the tenant within 30 days explaining the deductions. If no notice is given, the tenant is entitled to a full refund within 15 days.
For commercial leases, security deposit terms vary widely and may include multi-month advance deposits due to the nature of long-term business contracts.
Utilities, Maintenance & Repairs in a Miami Lease
7️⃣ Utility Responsibilities
The lease must specify who is responsible for paying utilities, including:
• Water & sewer
• Electricity & gas
• Internet & cable
• Trash collection
In multi-unit buildings, some utilities may be included in the rent, while in single-family homes, tenants are typically responsible for all utilities.
8️⃣ Maintenance & Repair Clauses
Florida law requires landlords to:
• Maintain the property in a habitable condition
• Ensure major appliances, plumbing, and electrical systems are functional
• Address pest control and safety concerns
Tenants are typically responsible for routine maintenance, such as replacing air filters and light bulbs, unless otherwise stated in the lease.
Pet Policies & Additional Fees
9️⃣ Pet Rules & Deposits
Not all rentals in Miami allow pets, so leases must clearly state:
• Whether pets are allowed
• Any breed or weight restrictions
• Pet deposits or pet rent (common fees range from $250–$500 per pet)
Florida law does not allow landlords to charge pet fees for service animals, but proper documentation may be required.
Landlord Entry Rights & Termination Policies
🔟 Entry Rights & Notice Requirements
In Florida, a landlord must give at least 12 hours’ notice before entering a rental unit for non-emergency maintenance or inspections. However, no notice is required for emergencies.
🔟 Lease Termination & Eviction Procedures
Florida law requires specific notice periods for terminating leases:
• Month-to-month leases: 15 days’ notice required
• Fixed-term leases: Termination at lease end, unless otherwise agreed upon
If a tenant fails to pay rent, landlords must give a 3-day written notice before filing for eviction. For lease violations, tenants typically have 7 days to correct the issue before further legal action is taken.
Common Lease Types in Miami: Residential & Commercial Differences
Residential Lease Types
• Gross Lease: Tenant pays a fixed rent, and the landlord covers property expenses (common for apartments).
• Net Lease: Tenant is responsible for additional costs such as property taxes, insurance, and maintenance fees (common in townhomes and single-family homes).
Common Lease Types in Miami: Residential vs. Commercial Differences
Residential Lease Types in Miami
Most residential leases in Miami are gross leases or modified gross leases, meaning:
• Gross Lease: The tenant pays a fixed rent, and the landlord covers property taxes, insurance, and maintenance.
• Modified Gross Lease: A middle-ground where the landlord and tenant share costs for certain expenses like utilities or maintenance.
Commercial Lease Types in Miami
With Miami’s booming commercial real estate market, businesses often negotiate leases in high-demand areas like Brickell, Wynwood, and Downtown Miami.
• Triple Net Lease (NNN): The tenant pays rent plus property taxes, insurance, and maintenance fees.
• Double Net Lease (NN): The tenant pays base rent, property taxes, and insurance, while the landlord covers maintenance.
• Modified Gross Lease: Both the tenant and landlord share expenses.
• Full-Service Lease (Gross Lease): The landlord covers all property expenses, and the tenant pays only rent.
• Percentage Lease: Common in retail spaces, where tenants pay base rent plus a percentage of sales.
• Absolute NNN Lease: The tenant takes full responsibility for all property expenses, including structural repairs.
Commercial leases tend to be more complex than residential ones, requiring more negotiation and legal review before signing.
Final Thoughts: Understanding Lease Agreements in Miami
Whether you’re renting a luxury high-rise, a single-family home, or commercial space, understanding key lease terms and Florida rental laws is crucial. From security deposit rules to maintenance responsibilities and rent payment terms, having a clear lease agreement protects both tenants and landlords.
📌 Looking for a home to rent in Miami? I specialize in helping clients navigate Miami’s competitive real estate market—whether you’re moving from across the street or across the world. Let’s connect and find the right rental for you!
