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Rent to Own Guide

Rent-to-own homes in Florida

By Rent to Own Guide · Published · Updated · How we research

Short answer
Florida has no statute written specifically for rent-to-own home deals that we could find, but two statutes can change your position. Florida's landlord–tenant law stops applying to someone living in a home under a contract of sale once they've paid 12 months' rent, or one month's rent plus a deposit of at least 5% of the price. And Florida treats instruments that secure a payment of money as mortgages. How either applies to a specific contract is a question for a Florida attorney.

When landlord–tenant protections may not apply

Section 83.42(2) excludes from Florida's Residential Landlord and Tenant Act “occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months' rent or in which the buyer has paid at least 1 month's rent and a deposit of at least 5 percent of the purchase price” (Fla. Stat. § 83.42). If your deal is structured as a contract of sale, that can affect how a dispute — including removal from the home — is handled.

Instruments treated as mortgages

Under § 697.01, instruments conveying property “for the purpose or with the intention of securing the payment of money” are “deemed and held mortgages” subject to the same foreclosure rules (Fla. Stat. § 697.01). Whether that reaches a particular agreement for deed or lease-purchase depends on its terms; get legal advice before relying on it.

Recording your agreement

Florida says a conveyance or mortgage of real property or any interest in it, and any lease for a term of one year or longer, isn't good against creditors or later buyers who pay value without notice unless it's recorded (Fla. Stat. § 695.01(1)). Ask a Florida attorney whether your lease, option, or a memorandum of them should be recorded with the county clerk.

The Rental-Purchase Agreement Act doesn't cover homes

Florida's rental-purchase law applies to agreements for “personal property,” defined as property that is not real property (Fla. Stat. § 559.9232).

Statewide help: Florida Housing

  • Florida Housing Finance Corporation offers 30-year fixed first mortgages for first-time buyers through participating lenders, with second-mortgage assistance such as FL Assist (up to $10,000 at 0%, deferred, not forgivable) (Florida Housing).
  • Hometown Heroes provides 5% of the first mortgage (minimum $10,000, maximum $35,000) as a 0% deferred, non-forgivable second mortgage for eligible workers, service members, and veterans; Florida Housing says there's no cost to apply (program page, limits dated Jul 13, 2026). Florida Housing announced in February 2026 that all 2025–26 funding had been committed (press releases); check current availability before planning around it.

Local guide

For Duval County records, Jacksonville programs, and HUD-approved counselors, see rent-to-own in Jacksonville.

Cities in Florida

Foreclosures and pre-foreclosures in Florida

These homes are in foreclosure or pre-foreclosure. They aren't rent-to-own offers, and a pre-foreclosure home may not be for sale at all, so check each one in county records.

Listings from Foreclosure.com. Full details need a paid Foreclosure.com membership.

How foreclosure works in Florida

Sources

  1. Florida Statutes § 83.42 — Exclusions from application of part (Residential Landlord and Tenant Act) — The Florida Senate. 2026 Florida Statutes. Checked Oct 19, 2026.
  2. Florida Statutes § 697.01 — Instruments deemed mortgages — The Florida Senate. 2026 Florida Statutes. Checked Oct 19, 2026.
  3. Florida Statutes § 695.01 — Conveyances and liens to be recorded — The Florida Senate. 2026 Florida Statutes. Checked Oct 19, 2026.
  4. Florida Statutes § 559.9232 — Rental-Purchase Agreement Act definitions — The Florida Senate. 2026 Florida Statutes. Checked Oct 19, 2026.
  5. Homebuyer programs overview — Florida Housing Finance Corporation. Checked Oct 19, 2026.
  6. Hometown Heroes Housing Program — Florida Housing Finance Corporation. Limits dated Jul 13, 2026. Checked Oct 19, 2026.
  7. 2026 press releases — Florida Housing Finance Corporation. Checked Oct 19, 2026.

Looking at a specific rent-to-own offer?

Run the numbers for both outcomes — buying and walking away — then work through the checklist before you pay anything.

Prefer to talk it through? A HUD-approved housing counselor can review your situation, often at little or no cost.