As a landlord in Florida, there are several rules to follow under the state’s landlord-tenant laws. Some of these regulations surround a tenant breaking a lease early. In this article, we’ll delve into both unjustifiable and justified grounds to legally break a lease early, ensuring that every landlord is well-informed about their rights and those of their tenants.
Understanding Rental Agreements in the State of Florida
Having a detailed lease or rental agreement is vital when renting out a rental. As a landlord, you must ensure that a tenant understands the behaviors that could result in eviction from the rental unit, what their rights are during the tenancy, and when rent is due among other things.
When your tenant signs their rental contract, it’s also your responsibility to make sure that they’re aware of the penalties for unjustifiably terminating it, and that they know of their rights for justifiably breaking a lease early.
State any applicable notice terms clearly in the lease and ensure they comply with Florida law. Periodic tenancies without a specific duration follow §83.57; fixed-term nonrenewal provisions are governed separately by §83.575. See §83.57, §83.575.
- Weekly Agreements: For a tenancy without a specific duration that runs week to week, give at least seven days’ written notice before the end of the weekly period. See §83.57.
- Monthly Agreements: For a month-to-month tenancy without a specific end date, give at least 30 days’ written notice before the end of the monthly period. See §83.57.
- Quarterly or Annual Agreements: A tenancy without a specific duration generally requires at least 30 days before the end of a quarterly period or 60 days before the end of a yearly period. Fixed-term nonrenewal clauses are different and may require reciprocal notice of 30 to 60 days. See §83.57, §83.575.
In the state of Florida, liability after an early departure depends on the remedy used. Florida law gives a landlord alternative remedies after an early departure. If the landlord retakes possession for the tenant’s account, §83.595 requires a good-faith effort to relet and crediting rent received. Other remedies have different consequences, including retaking for the landlord’s own account or a properly agreed early-termination fee. Future rent is not automatically owed in full in every case. See §83.595.
Moreover, a robust lease agreement should outline the tenant’s rights regarding subletting in Florida. In this state, tenants may not sublet the rental unit without the landlord’s consent. To obtain approval, tenants must formally request it, typically via certified mail, and the landlord retains the authority to reject such requests.
Unjustified Grounds to Break a Lease Early in Florida
The reasons listed below, generally, do not provide enough justification for tenants to break a lease agreement, and as a result, do not provide any legal protection against penalties:
- The tenant purchasing a house
- Tenants are relocating for school or work
- The tenant is upgrading or downsizing their living accommodations
- The renter is moving in with their partner
- The tenant wants to be closer to family
Breaking a lease or rental agreement in Florida for any of the above motives without court approval can have tangible legal and financial consequences for tenants.
Legally Justifiable Motives for Breaking a Lease in Florida
There can be many motivators to break a lease under State and Federal law. The following are some legally allowable reasons for early lease termination in Florida:
Active Military Service
Military service can create early-termination rights in qualifying circumstances. Active-duty status alone does not establish every requirement for terminating a particular lease.
The federal Servicemembers’ Civil Relief Act applies to qualifying residential leases and military-service circumstances. The SCRA allows early termination for qualifying military-service circumstances, such as entering service after signing or receiving qualifying relocation, deployment, separation or retirement orders. Written notice and supporting military documentation are required. For monthly rent, termination generally takes effect 30 days after the next rent due date following notice; lawful charges accrued before termination still require review. See Justice Department guidance.
Domestic Violence
Survivors may have housing protections that depend on the program and circumstances. VAWA protections include emergency-transfer rights in covered housing. Do not assume that survivor status alone automatically ends every private Florida lease; review the applicable protections and available legal assistance promptly. Support the tenant’s safety and confidential access to assistance. See HUD’s VAWA housing protections.
Additionally, landlords should familiarize themselves with local resources and support services available for victims, providing the tenant with information that may assist them in seeking help and protection. By fostering an atmosphere of empathy and cooperation, landlords play a crucial role in ensuring that their rental properties remain havens of security for each tenant facing challenges related to this kind of violence.
Unit is Uninhabitable
Timely and efficient maintenance is not only a legal obligation under Florida law but a fundamental responsibility that landlords bear to ensure the habitability of their rental units. In addressing issues that render a unit uninhabitable, landlords must prioritize the prompt resolution of problems such as water leaks, electrical malfunctions, or structural issues that compromise the safety and comfort of the living space.
Regular inspections and proactive maintenance can help identify potential problems before they escalate, contributing to a positive tenant experience and preventing the deterioration of the rental property. By taking a proactive stance on habitability, landlords not only fulfill legal requirements but also demonstrate a commitment to providing a quality living environment for their tenants.
Landlord Harassment
Harassment, which compromises a tenant’s right to a peaceful living environment, encompasses various intrusive behaviors such as unwarranted visits, and constant and unnecessary communication. As a responsible Florida landlord, respecting the tenant’s right to privacy is paramount.
Harassment by a Florida landlord should be understood as any actions that infringe on a tenant’s right to peaceful enjoyment of their home which can include discriminatory housing practices. Emphasizing positive landlord practices in addressing habitability and harassment issues reinforces the commitment to providing safe and comfortable living spaces for the tenant.
Bottom Line
There you have it, a comprehensive guide to early lease terminations in the state of Florida. As a landlord, you should also remain informed of security deposit laws, the Fair Housing Act, and any other policies that govern the leasing of residential properties.
If you’re a property owner and have any further questions or need help managing your rentals, please reach out to Novel Management today. We are a highly trusted property management company in Florida and have been working with real estate investors for years. We’d love to work with you too. Contact us today at 305-400-9479!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
