As a Florida landlord, it is necessary to understand the ins and outs of breaking a lease. There are legal and illegal reasons for both landlords and tenants to break the lease agreement.
In this article we will discuss both the just and unjust reasons for terminating a lease early. Let us be your guide when it comes to landlord-tenant rights!
Rental Agreement in Florida
A clear rental agreement helps avoid any miscommunication between you or your tenants. As a landlord, make it your priority to ensure that the tenant understands the terms of the lease when they sign the rental agreement, including things like the Fair Housing Act.
You should also make sure they understand the penalties for breaking the lease without a legal reason, and that they know they have rights when it comes to justly breaking the rental agreement. Make sure your lease respects landlord-tenant laws.
The lease agreement should also clearly outline how much notice you need to receive from a tenant when they end their lease.
In Florida, your tenant must give you 7 days’ notice if they rent weekly, 15 days’ notice if they rent monthly, 30 days’ notice if they rent quarterly, and 60 days’ notice if they rent yearly.
As a landlord in Florida, you must make a reasonable effort to re-rent the unit once the tenant is gone. If you re-rent the property quickly, the tenant will only be responsible for paying rent for the time the property was vacant.
Finally, a quality lease agreement should include the Florida tenant’s right to sublease the unit should they desire to.
In Florida, your tenant may not sublet the property without your consent. In order to make a request to sublet, the tenant must send you a letter by certified mail outlining their desire to sublet the property.
As a landlord, you have the power to reject the request. Always organize the documents submitted for subletting requests and be clear with your reason for rejecting the other party to avoid any legal issues.
Unjustified Reasons to Break a Lease in Florida
The items listed below are not legally justified reasons for a tenant to break their lease. They will not provide the tenant with any legal protection should they break the agreement for the following reasons:
● The tenant purchased a home
● The tenant is relocating with a partner
● The tenant is relocating to be closer to family
● The tenant either wants a smaller or bigger space
● The tenant is moving to a new area for academic or professional purposes
If the tenant wants to break the lease for the above reasons, they can ask you, the landlord, to agree to a mutual termination. In this case it would often be beneficial for you to end their lease agreement early, either because they will pay a premium or provide you with another benefit.
Justified Reasons to Break a Lease in Florida
While it is important to be aware of the legally unjust reasons for breaking a lease, a good landlord should also be aware of the legal reasons tenants can end their agreement early. Justified lease breaking means the tenant should receive all of their security deposit back less allowable deductions. They include the following:
Active Military Duty
In Florida, a tenant who is called to active duty in the military may terminate the lease early and without penalty. Active service members can end their lease early under federal law if they relocate because of deployment or a permanent change of station.
This protection runs from the day the renter reports for duty until between 30 and 90 days after the discharge date.
If a tenant wants to end a lease early because of military service, they must give the landlord written notice and the required documentation. The lease will not end right away. The tenant may end the lease within 30 days of the notice’s delivery.
Uninhabitable Unit
The unit is considered uninhabitable if your rental space violates the physical health and safety standards and is not a result of the tenant’s negligence or fault.
As a landlord, here are some examples of the minimum habitability standards you must meet:
- keys and locks
- heat and flowing hot water
- removal of termites and rats
- working smoke detection devices and alarms
- common areas must be clean and secure
To avoid these issues, ensure that you have open communication with your tenants and be prompt in addressing any reported issues.
Landlord Harassment or Privacy Violation
In Florida, a tenant has the right to end a lease early if the landlord has harassed them or violated their privacy. Before a tenant can break the lease, a court must decide if landlord harassment took place.
In Florida, the following actions are considered landlord harassment:
- Rental Entry In Florida, landlords are required to give notice (often 12 hours in advance) before entering a tenant’s residence. Landlord harassment includes repeatedly accessing a tenant’s home without permission.
- Constructive Eviction Florida law prohibits landlords from removing exterior windows or doors, shutting off utilities, or changing the locks without the consent of the renter. In Florida, this kind of conduct counts as landlord harassment and amounts to a constructive eviction. This differs from an eviction, since a regular eviction process in Florida is legal.
- Property Unmaintained Landlords are not allowed to unreasonably refuse to carry out repairs or purposefully postpone maintenance requirements under the implied warranty of habitability. By doing this, you may be required to pay compensation for landlord harassment.
- Engaging in Discrimination A landlord is prohibited from discriminating against a renter based on race, religion, national origin, or gender under the Fair Housing Act. This kind of conduct counts as landlord harassment.
Conclusion
For any and all help with managing your rental property contact Pro X PM Swain Group! We are a leading property management company in Polk County and its surrounding cities. We are well-versed in Florida housing laws and ready to help you with your property.
We can’t wait to hear from you and help you with your property management needs! Contact us today at (863) 758-7769!
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.
