Learn when and how renters in Florida may lawfully break a lease, as well as how to minimize their obligation for rent until the conclusion of the lease period.
Breaking the lease is leaving before the end of a fixed-term lease without paying the remaining rent owed under the lease. Here’s a quick rundown of tenants’ rights in Florida to terminate a contract and avoid future rent responsibility.
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Tenant Rights and Responsibilities in Florida When Signing a Lease
A lease binds you and your landlord for a certain length of time, generally a year. A landlord cannot raise the rent or amend other provisions of a standard lease until the contract expires (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord cannot compel you to leave before the lease expires unless you fail to pay the rent or breach another key requirement, such as holding huge and raucous parties on a regular basis. Landlords in Florida must follow particular processes to discontinue the tenancy in these instances. For example, before initiating an eviction case, your landlord must give you three days’ notice to pay the rent or leave (Florida Stat. Ann. 83-56(3)). If you breach the lease on many occasions during a 12-month period, your landlord may serve you with an unconditional quit notice, giving you seven days to vacate. (See Florida Statute Ann. 83.56(2)(a)).
Tenants are legally obligated to pay rent for the whole lease period, which is normally one year, whether or not they continue to reside in the rented unit—with the exceptions listed below.
When Is It Legal to Break a Lease in Florida?
There are few key exceptions to the general rule that a tenant who breaches a lease must pay the whole lease term. In the following circumstances, you may be allowed to lawfully leave before the lease term expires.
1. You have begun active military service.
Under federal law, if you join active military duty after signing a lease, you have the right to break the contract. (The War and National Defense Servicemembers Civil Relief Act, 50 U.S.C.A. 501 and subsequent.) You must be a member of the “uniformed services,” which include the armed forces, the National Oceanic and Atmospheric Administration’s (NOAA) commissioned corps, the Public Health Service’s commissioned corps, and the activated National Guard. You must notify your landlord in writing of your intention to end your lease for military reasons. Once the notice is sent or delivered, your tenancy will end 30 days after the next due date for rent, even if that date is many months before your lease ends.
2. The rental unit is dangerous or violates Florida health and safety laws.
If your landlord fails to provide habitable housing in accordance with local and state housing codes, a court will most likely rule that you have been “constructively evicted,” which means that the landlord has effectively “evicted” you by providing unlivable housing, and you have no further responsibility for the rent. Florida law (Fla. Stat. Ann. 83.60) specifies the measures you must take before moving out due to a severe repair issue. The issue must be really significant, such as a loss of heat or another critical service.
3. Harassment or violation of your privacy rights by your landlord
Florida state law requires your landlord to provide you 12 hours’ notice before entering rental property (Fla. Stat. Ann. 83.53). If your landlord repeatedly violates your privacy rights, or does things like removing windows or doors, disconnecting utilities, or changing the locks, you will be considered “constructively evicted,” as described above; this will usually justify you breaking the lease without further rent obligation.
In Florida, it is the landlord’s responsibility to find a new tenant.
When a tenant violates a lease, landlords in most jurisdictions (for example, Arizona) must make a reasonable attempt to re-let their units rather than charging the renter the whole remaining rent owed under the contract. Unfortunately, landlords in Florida (Fla. Stat. Ann. 83.595) do not have the same need to “mitigate damages” by attempting to rent their property as promptly as possible and limiting their losses if you relocate before the lease expires. Landlords in Florida have the choice of rerenting, doing nothing (in which case the tenant is still accountable for the rent when it becomes due), or claiming the right to liquidated damages or an early termination clause. The second remedy is possible only if the lease has a liquidated damages provision that offers a maximum of two months’ damages and requires tenants to provide no more than 60 days’ notice. The liquidated damages clause must have the necessary text in Florida Statute Ann. 83.595.
If you violate your lease and leave without a legal reason (as indicated above), attempt to negotiate with your landlord. Don’t simply leave and hope your landlord quickly finds a new renter and doesn’t charge you for the remaining time on your contract. Give your landlord as much notice as possible, and compose a heartfelt letter explaining why you must go early. To sign a new lease, you should ideally be able to give your landlord a suitable replacement renter with strong credit and references.
However, if the landlord does not agree to let you off the hook, you will be responsible for paying rent for the balance of your term. If you leave many months before your lease expires, this might be a significant sum of money. Your landlord will almost certainly utilize your security deposit to pay the amount you owe initially. If your deposit is insufficient, your landlord may sue you, most likely in small claims court, where the cap in Florida is $5,000.
How to Reduce Your Financial Liability When Breaking a Lease
If you want to leave early and don’t have a legal reason, there are better choices than just packing out and praying your landlord finds a new renter swiftly. There are many things you can do to reduce the amount of money you have to pay your landlord—and to assist assure a positive recommendation from the landlord when you’re searching for your next place to live.
You may greatly improve the situation by giving your landlord as much notice as possible and drafting a heartfelt letter explaining why you need to leave early. Ideally, you should be able to provide your landlord a suitable replacement renter, someone with strong credit and solid references, to sign a new lease.