Illegal clause in lease, is it invalid?

Most contracts have a clause which say that if any portion of the contract is invalid it does not invalidate the entire contract. Also, residential landlord-tenant law is governed not only by your lease agreement, but also by Florida statute. You would need to have your lease reviewed by a landlord-tenant attorney to determine what to do about a specific invalid clause.

Ms. Morcroft is correct that an attorney needs to review the lease to determine what effect, if any, the invalid clause has. Generally, if the clause is integral to the lease and the lease could not exist without it, then there is a stronger argument that the entire lease can be invalidated. If it is a minor or technical issue, its much more likely that a court would hold the lease to still be in force.

It sounds as if you are trying to invalidate your current lease. Generally speaking, Florida Statutes must be read as a whole, not piecemeal. In order to really determine the validity of the clause and its effect on the contract, you will HAVE to have it reviewed by an attorney who is familiar with landlord/tenant law. If the paragraph is indeed in conflict with current state law, and it is integral to the overall agreement, then it can either be 1) construed in your favor, or 2) void the contract. Only an attorney review can tell you which is most likely.

Not necessarily....and not necessarily. It depends on what the clause is, how the lease deals with such conflict and whether the issue is material to the lease to warrant its termination.