What is a bona fide written lease?
According to Florida law, any person who enters into a bona fide written lease, for continuous residence of a transient accommodation for longer than six months, is exempt from Florida sales tax and local tourist development tax. A “bona fide written lease” is a written document that clearly demonstrates it is intended for the renter to have exclusive use of the rental property. There are several elements, which will be considered to validate the lease document and demonstrate the parties’ intent. These elements include: • the length of the lease, including the beginning and ending date; • a statement giving the lessor the complete and exclusive use of the property for the entire duration of the lease; • execution in good faith, without deceit or fraud; • a sufficient description of the leased property; • a statement that the lease contains the complete and sole agreement; • a provision that the lessee will pay an agreed amount of rent; • a statement containing the due date, frequency