Can The Florida Supreme Court Lease Be Modified For More Than
One Year?
In 1950, the Supreme Court of Florida decided the case Keyes Co. v. Dade County Bar Ass’n. 1 This case is
significant because the Court determined that a real estate licensee is permitted to complete real estate sales
contracts, as long as the licensee is involved in the contract’s negotiation.2 Although the act described above is the
practice of law, the Court allowed a limited exception because, as the Court noted, licensees are subject to strict
oversight by the Florida Real Estate Commission.3 In the end, the Keyes decision laid the foundation for fill-in-theblank style real estate forms, such as the Florida Realtors®/Florida Bar contract (“FAR/BAR”).
In 1992, the Court approved three fill-in-the-blank residential lease agreements for use by non-attorneys.4 This
number has since been reduced to two contracts:5 the Residential Lease for Single Family Home or Duplex
(“RLHD-3”) and the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a Duplex)
including a Mobile Home, Condominium, or Cooperative (“RLAUCC-1”). Although non-attorneys may use these
fill-in the-blank leases to assist a landlord or tenant (“parties”) in completing one of these lease agreements, only
parties and their attorneys are authorized to modify the leases in any way. The primary limitation of using the
RLHD-3 and the RLAUCC-1 is the mandate that the lease duration not extend beyond one year; however, parties to
the transaction and their attorneys may be able to legally vary from this rule.
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Q: Who can modify a Florida Supreme Court lease?
A: Parties to the lease agreement and their attorneys may modify the Court-approved leases. Non-attorneys and nonparties are not authorized to make any modifications to the Court-approved leases.
Q: Can parties to a lease extend the lease duration of the Court-approved
leases for longer than one year?
A: Yes. The landlord and tenant and their attorneys may use the Court-approved leases for durations longer than one
year, as long as the modification is property executed. They may also create addenda for the Court-approved leases
as well.
Q: What must a party to the lease do to extend the duration of the agreement
beyond one year?
A: A party to the contract should contact his or her own private attorney for information pertaining to the proper
execution of leases extending beyond one year. They may also refer to Florida Statute § 689.01.
Keyes Co. v. Dade County Bar Ass’n, 46 So.2d 605 (1950).
Id. at 606.
3
Id.
4
Supreme Court of Florida, Nos. 77,675 & 77,737, July 2, 1992.
5
Supreme Court of Florida, No. SC09-250, April 15, 2010.
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2
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Q: Can a real estate licensee prepare addenda to a Court-approved lease
form?
A: No. Non-attorneys and non-parties may not create addenda for, or modify, any leases, including attorney created
leases, for third parties. Doing so is unauthorized practice of law.
Q: Must a landlord and tenant use the Court-approved lease form?
A: No. Parties to a lease agreement may prepare their own lease or have an attorney draft a lease for them.
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