Room Rental Agreement: What Is It?

A room rental agreement establishes the rules and responsibilities between the property owner (the landlord) and the person agreeing to reside in the property (tenant). Under Florida statute, a rental agreement must include the rental terms, the amount of duty, the timing and amount of rent, initial and security deposits, fees related to the apartment’s/room’s acceptance, termination, rent increases, and any limitations on use or occupancy.
Notably, room rental agreements are different from standard leases in their intent and purpose. Most standard leases are 12 months and used in the renting of an entire rental unit or house. However, a room rental agreement is entered into for a shorter, defined period and is only for the room itself. Certain laws governing residential tenancies do not apply to rentals covered by a room rental agreement. For instance , a room rental agreement may exclude non-residents who occupy housing operated by tax-exempt organizations or those who live in a single family home where the owner also lives.
While room rental agreements are similar to leasing a hotel/motel room, there are differences. For example, tenants who lease a room typically have access to and share a common area with other tenants. Room rental agreements are also not subject to hotel/motel regulations found in Chapter 509 of the Florida Statutes and may not be considered a hotel.
Whether it is a year-long commercial rental agreement or a hotel rental agreement, it is important to have a written agreement. Eviction will often be quicker and easier if the rental agreement is in writing. Florida law states that a tenancy can be created by contract, covenant, or conduct.

Components of a Room Rental Agreement in Florida

Several key elements must be addressed in a room rental agreement, including the following:
Term. The term of the rental agreement can be set up in several ways: month-to-month (the most common arrangement); for a definite period of time (most often 12 months); or until one of the parties decides to terminate the agreement.
Rent Amount. A fully executed room rental agreement should specify the amount of rent due, how that rent is to be paid (by check, cash, etc.), and when the rent is due (weekly, monthly, etc.).
Rules. Rules and regulations applicable to the rental agreement should also be set forth and given to the room renter. The rules can cover such items as pets, utilities, use of property, and quiet hours.
State-Specific Legal Requirements. Florida has specific laws that dictate certain must-haves for room rental agreements. These include:
In addition, Florida law requires specific language to be included in all room rental agreements for residential rental units that state:
An additional requirement for any room rental agreement for a boarding home (a dwelling occupied for recreational, educational, or retirement purposes with shared cooking or dining facilities) is an explanation of the difference between the security deposit and advance fee that is required, and the consequences if the advance fee is not collected.
Finally, many landlords don’t realize that while they may legally evict a tenant for a variety of reasons, including nonpayment of rent or lease violations, it is against the law for a landlord to make or cause a tenant to become sick, disable, or reduce the habitability of premises via unlawful practices such as removing or preventing access to the tenant’s property, locking out the tenant, or conducting a self-help eviction.

Navigating Tenant Rights

Tenant obligations under a rental agreement are governed by Florida Statute § 83.51(1)(a)-(h), which states: "(a) The tenant at all times during the tenancy shall: 1. … [P]ay the rent at the time and place designated in the lease or rental agreement. 2. …[,] where damages to the premises are caused by the tenant, to timely make all repairs as may be necessary to put and keep the room in a tenantable condition, and, if the tenant fails or refuses to make those repairs, and if the landlord, or his or her agent, contracts for repair services, then the cost of such contract shall be considered additional rent which may be recovered pursuant to SS 83.595 and 83.595 and as provided in s. 83.61. 3. i…[T]o keep the room, furniture appropriately provided, the common areas supplied by the landlord and the dwelling unit in a clean and sanitary condition. ii …[T]o remove from the dwelling unit all garbage and other waste in a sanitary and safe manner. iii …[T]o properly use and operate all electrical and plumbing fixtures and other appliances supplied by the landlord. iv …[T]o behave and require other persons on the premises with his or her consent to behave in a manner that will not disturb the peace and quiet of other tenants. (b) The landlord shall at all times during the tenancy: 1. …[M]ake the room and the premises of which it is a part fit and habitable for human beings. 2. …[M]aintain in good and safe condition all common areas. 3. …[M]aintain all facilities supplied by the landlord in a condition that complies with applicable building, housing, and health codes. 4. …[M]aintain the structural components of the room and the premises of which it is a part in good and safe condition. (c) …[C]omply with applicable building, housing and health codes. If there are no building housing or health codes applicable to lodgers or boarders, the landlord shall provide and maintain for the benefit and safety of every tenant of the room safely maintained lodgings, including without limitation, there shall be (i) in each separate room, window screens in good repair, operable window locks, and a door lock that can be opened from both the inside and outside of the group and (ii) an operable flush toilet within the room or access to an operable flush toilet located within close proximity to the room. (d) …[M]aintain roof gutters and downspouts in good and safe condition; keep chimneys in good condition; keep water tanks, cesspools, sewer connections, and sewerage disposal plants in good and safe condition; keep other tanks, chimneys, smokestacks, porch roofs, floors, stairways, railings, and all other interior and exterior porches, stairs, halls, corridors, and appurtenances thereto in good and safe condition and free of defects; (e) …[M](i) Caus[e] facilities and appurtenances thereof and common areas under his or her control to be safe, clean, and maintained in good working order and condition. (ii) A… Caus[e] the common areas of the premises to be clean and free from rubbish, trash, and garbage held by the landlord for hire. (iii) A… Supp… [H]old[ing] the landlords of a lodging house liable for the damages sustained by their tenants by virtue of defects in the premises caused by any neglect on the part of the landlord in the construction or the maintenance of the lodgings. (ii) O…. [F]urnish[ing] and maintaining as fully furnished lodgings with private passageways leading to the exits and to the waterside. (f) …[M]aintain in a clean condition and in good working order and condition all electrical and plumbing fixtures and other furnishings, appliances, equipment, and facilities supplied within his or her power." Other obligations not specifically mentioned may arise under Florida law pursuant to landlord-tenant rights.

Landlord Duties Under Florida Law

In the State of Florida, the law is quite specific regarding the duties of landlords to their tenants. A landlord undertakes the obligation of making the premises delivered to the tenant fit for habitation, which means that the premises meet basic health, safety, and sanitary standards. The lease must guarantee running water and hot water, provision for adequate sewage disposal, and a safe and accessible common area. The common area must be free from defects that substantially interfere with the tenant’s beneficial use of the premises.
In addition to any express agreement in the lease, the landlord has an implied duty to:
In exchange for these landlord obligations, the tenant assumes the obligation of the preferential use of the apartment in a safe and peaceful manner, and in conformance with rental terms. A tenant is also obligated to make reasonable returns for the use of all electric service, including a water heater, that is not included in the rent and that is separately metered. However, a tenant has no obligation to pay for utilities if:
These duties are separate obligations that apply regardless of damages that occur to the property (except for damages caused by willful misconduct of the tenant) or any damages incurred by the landlord.

Common Concerns and Resolutions

Common issues may arise from time to time with room rentals. As you might imagine, there are numerous situations that may create a room rental dispute. Here are some examples of those situations:
All tenants in the room clean up after themselves, or at least clean up after themselves some of the time. However, one tenant makes messes. Sometimes, the messes are small, and sometimes they are pretty large. Everyone seems pretty fine with what is going on, except one person. That one person generally is not being fond of one or more things about the situation, and is pretty vocal about sharing those sentiments. One tenant is supposed to make certain repairs, but has not done so. In fact, the repairs should have been made over a month ago. The rooms are not being cleaned properly, and the landlord wants to evict someone for the mess. However, no one who lives in the house agrees with the landlord about the state of cleanliness. One tenant is not paying rent properly. One of the tenants is a habitual cheapskate. The other tenants know he has plenty of money in the bank. But he acts like he is totally poor, and always tries to get out of paying rent . Everyone knows he’s faking, but he won’t allow them to find out just how well off he is. When a room rental issue occurs within a Florida context, the room mates should first try to work it out among themselves. If they are unable to come to an agreement, arbitration (as opposed to mediation) may be the next best solution. Arbitration is an alternate method for resolving conflict that is comparable to court litigation in a number of ways. The parties in question present evidence, including witness testimony, to an independent arbitrator, much like the proceedings at trial, and law suits can result from disagreements about the arbitrator’s decision. However, arbitration has three main advantages over tribal court. First, it is generally a faster method for resolving issues because cases do not have to go through a judicial process. Second, the arbitration may be held in a more informal setting than may be found in the courthouse. Third, because both parties agree to arbitration, the parties can choose the characteristics of the arbitrator, including the personality of the arbitrator, the arbitrator’s location, and the party that gets to go first.

Legal Avenues for Room Rental Issues in Florida

In addition to legal aid organizations, Florida courts also provide resources for resolving disputes. Both small claims courts and mediation services can assist landlords and tenants. Small claims courts are for simple legal cases between a landlord or tenant and an individual, business, or government body, and the amount at issue cannot typically be more than $8,000. Mediation is a non-binding way of resolving disputes outside of the formal court process. A session involves an independent person, known as a mediator, who helps the landlord and tenant negotiate an agreement. The mediator cannot make an order or judge the case. While mediation is not mandatory, in certain cases, the dispute may be referred to mediation by the court. Most disputes involving allegations of domestic violence or sexual violence are excluded.
Landlords and tenants should also be aware of the State of Florida’s Consumer Protection Information Center. The hotline provides free and confidential information and complaints services for consumers who need help with problems, including room rental conflict within Florida.

Guidelines for Drafting an Equitable Room Rental Agreement

When creating a room rental agreement in Florida, it’s essential to draft a document that is both legally compliant and fair to both the landlord and the tenant. Here are some tips to keep in mind:

• Be Clear and Specific: The agreement should clearly outline the terms of the rental agreement, including the duration of the lease, the rent amount, payment schedule, deposit, and any utilities included in the cost. Vagueness in these terms can lead to disputes down the line.
• Include Standard Clauses: In addition to the essential terms of your agreement, consider including common clauses such as:
• A detailed description of common areas, including rules for using them.
• Any restrictions on pets, including if they’re allowed and if there are any fees associated.
• Policies on guests and additional occupants.
• Maintenance policies, including who is responsible for upkeep and how repair requests should be submitted.
• A clear outline of the move-out process including cleaning requirements and deductions from the deposit.
• Outline Terms for Entry: Florida law allows landlords to enter their rental units, but specific notice requirements apply . Clearly lay out the entry policy in the agreement, noting the timeframe in which landlords are required to provide notice.
• Create an Addendum: If certain provisions require additional explanation or context, consider drafting a separate addendum. This allows for necessary clarification without cluttering up the room rental agreement with too much detail.
• Ensure Compliance with Local Laws: Each Florida county may have additional requirements when it comes to room rentals. For instance, Miami-Dade County has stricter guidelines and a County Ordinance that must be considered when crafting an agreement.
• Review with Both Parties: Before finalizing the agreement, sit down with the tenant and review the terms together. Ensure all parties have a clear understanding of their rights and responsibilities as it pertains to the agreement.
• Get Legal Aid: To ensure that your room rental agreement is fully compliant with city and state laws and that all rights and interests are adequately protected, consider having a lawyer with experience in landlord-tenant law review your agreement prior to signing.