Florida Prohibited Lease Clauses
6 restricted clause typesOur Florida law database tracks 6 lease clause types that state law prohibits or restricts (2 illegal, 4 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our Florida law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by Florida law
Waiver of landlord liability for negligence
Often UnenforceableLegal basis: Florida Statutes Section 83.47
Confession of judgment clause
Likely IllegalLegal basis: Florida Statutes Section 83.47(1)
Waiver of tenant rights under Florida law
Likely IllegalLegal basis: Florida Statutes Section 83.47
Disproportionate penalty clauses
Often UnenforceableLegal basis: Florida Statutes Section 83.47(1)
Illegal rent acceleration clause
Often UnenforceableLegal basis: Florida Statutes Section 83.595
One-sided attorney fees clause
Often UnenforceableLegal basis: Florida Statutes Section 83.48
Frequently asked questions
- What lease clauses are illegal in Florida?
- Florida law restricts 6 clause types tracked in our database, such as: waiver of landlord liability for negligence; confession of judgment clause; waiver of tenant rights under florida law.
- Is a lease still valid if it contains an illegal clause in Florida?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of landlord liability for negligence" in Florida?
- Florida Statutes Section 83.47.
Check Your Lease Against Florida Law
Not sure whether your lease complies with Florida law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More Florida lease law guides
- Florida rental lease laws — overview
- Florida security deposit limit
- Florida deposit return deadline
- Florida deposit interest rules
- Florida landlord entry notice
- Florida late fee laws
- Florida rent grace period
- Florida required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Florida for your specific situation.