Start studying breaking a lease in Florida today. No one ever expects to break a Florida lease agreement, and many renters never do so. However, you may need to figure out how to break a lease in Florida quickly. You may experience an emergency like landlord harassment, or you may go on active military duty and need to break a lease in just a few weeks.
There are many misconceptions about breaking a lease in Florida. How much is it to break a lease in Florida? Can you get sued for breaking a lease in Florida early? Take a look at Florida law affecting your rental property and rental agreement, and get the answers you deserve. Here is what to know about breaking a lease in Florida, including the Florida landlord tenant law.
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Florida Lease Laws
The Florida Statutes are the main laws you need to study for breaking a lease in Florida. You can figure out how to break a lease in Florida just by reading these Florida lease laws. There are a few different statutes that you need to be familiar with. If you have any questions on how to break a lease in Florida, contact a Florida lease agreement attorney. Keep in mind that your city or county may have laws related to breaking a lease in Florida. Each city or county is different, though cities near Boca Raton and cities near West Palm Beach have similar laws.
Title VI, Chapter 83 contains the main landlord tenant laws in Florida. It applies to all types of lease agreements, including a weekly lease and a yearly lease. Under Florida law, a rental agreement is any written or oral agreement for renting a property for less than one year.
Statute 51 defines the obligations of landlords. A landlord must:
- Comply with all building, housing, and health codes, including municipal and local laws
- Maintain all structural components of a rental property in working order
- Make reasonable provisions for exterminating pests, creating locks and keys for tenants, removing garbage, and maintaining heat during the winter and running water throughout the year
- Install working smoke detection devices
Statute 56 states that if a landlord fails to comply with this statute, a tenant can send them a written notice asking them to fix the issue. If the landlord fails to fix the issue, then the tenant can terminate their rental agreement without penalty. If the housing unit is uninhabitable, the tenant does not have to pay rent of any kind.
If the housing unit is inhabitable, the landlord must reduce the tenant’s rent payments. However, if the tenant continues to pay rent despite knowing that the landlord violates the law, they waive their right to break their FL lease agreement. They can only break their lease agreement if their landlord repeatedly violates the law.
Statute 595 states that if the tenant breaks a Florida lease agreement and the landlord reclaims possession of the property, the landlord has options to claim damages:
- The landlord can put the property back on the market and find a new tenant. When they do, they can hold the old tenant liable for the difference between the rent they would have paid under their lease and the rent the new tenant will pay.
- The landlord can do nothing. They can then charge the tenant rent as it comes due.
- The landlord can impose a penalty for breaking the lease early. They can do this only by including a clause in the rental agreement specifying a penalty should the tenant break their lease. This penalty cannot be more than two months of rent. In addition to this penalty, the landlord can claim rent and charges for the damages to the unit through the end of the month in which the landlord reclaims the unit.
- The landlord can also treat the lease as terminated and waive any penalties.
FL lease laws prohibit landlords from retaliating against their tenants for reporting health and safety violations. A landlord cannot lock a tenant out of their unit or cut off their water or heat. The law states that a tenant can claim up to three months of rent as damages, as well as attorney fees. However, the law does not explicitly say a tenant can start breaking a lease in Florida due to landlord harassment.
Statute 682 applies to service members engaging in active military service or ending their active military service. It states that a service member can break their lease provided that they supply a written notice at least 30 days before breaking a lease. The notice must contain a copy of their military orders or a note from their commanding officer. The tenant is liable for rent prorated to the date of termination, but they do not have to pay additional penalties. The statute applies to all members of the uniformed services, including commissioned members of the Public Health Service.
What Happens if You Break a Lease in Florida
Florida state law does not give you extensive protections for breaking a lease in Florida. You cannot break a lease early if you need to relocate for work or can no longer pay rent. You cannot break your lease early if you experience domestic violence or need to move out due to a family emergency.
Statute 595 gives your landlord broad latitude to impose penalties if you try breaking a lease in Florida. The state law does not specify an exact penalty for breaking a lease in Florida early, and your landlord may waive penalties if you have a good reason to break your lease.
But you may pay several months of rent if your landlord stands by and does nothing. They do not have to put their rental property back on the market if they don’t want to. Even if they do, you may still need to pay rent as long as they don’t have a new tenant. If your property is damaged, you may need to pay money for those damages. They can pay money from your security deposit or claim new damages. They can also decline to turn over your security deposit. In total, you may pay thousands of dollars for breaking a lease in Florida early.
Your landlord can sue you if you have outstanding rent payments or damaged your property. They can claim damages and lawyers’ fees, and you may spend a long time in court. Your landlord can also contact your credit card company and reduce your credit score. Your rental history may be harmed, as your landlord may not give you a reference for future rental properties.
How to Break a Lease in Florida
Florida state law is not generous to tenants looking to start breaking a lease in Florida. However, you can get out of your Florida lease agreement and avoid paying costly penalties through a few steps. Here’s how to break a lease in Florida starting today.
Try to Resolve Problems
Breaking a lease in Florida should be your last option. You cannot stop the process of breaking a lease in Florida once you start it. If you have problems with your rental property, try to resolve them and talk to your landlord. Write them a written notice explaining the problems clearly and attach proof like photographs of broken objects. Keep a copy of your written notice in case your landlord fails to resolve the problems. Do not ask your landlord about how to get out of a lease in Florida, as they may not give you honest advice.
If you’re behind on rent, you should not try breaking a lease in Florida. Sit down with your landlord and figure out a way to catch up on rent payments. You can consider subletting your property to make some extra money.
Talk to a Landlord Tenant Lawyer Florida
If you decide on breaking a lease in Florida, you must talk to a lawyer as soon as possible. Pick an attorney with experience in breaking a lease and expertise in your local housing laws. If you live in Lake Park, you should have a landlord tenant lawyer Florida from Lake Park. Schedule an appointment with them and explain what’s going on. Provide them with the written notice you’ve written your landlord and any proof you have of unlivable conditions or landlord harassment. Ask them to review your FL lease agreement and see if there are provisions that break Florida state law. You can also ask them for advice on how to break a lease in Florida.
Remain in touch with your landlord tenant lawyer Florida throughout the process of breaking a lease in Florida. You don’t have to file a lawsuit against your landlord if you don’t want to. But your lawyer can talk to your landlord for you if you don’t feel comfortable doing so. They can also review any written notice you send your landlord and answer any questions you have. You should consider filing a lawsuit if your landlord intends on taking damages from you for a Florida early termination of lease, despite them violating Florida law.
Review Your Lease Agreement
Your lease agreement Florida may have conditions related to breaking a lease early. You must follow any condition in your lease unless it violates state law in some way. If your agreement has lease termination notice requirements, you must follow those requirements.
If your lease agreement Florida violates state law, you may be able to break your lease without penalties. Talk to your lawyer and see if your early termination clause is legal. However, if your fixed term lease agreement Florida requires you to make a further rent obligation, you should expect to pay the rent.
You are not obligated to sign a lease agreement that specifies a penalty for breaking a lease early. If a lease agreement has an early lease termination clause, you should consider not signing the lease.
Send Your Landlord a Written Notice
You should always send your landlord a written notice explaining why you’re breaking your lease. Be clear with your explanation and provide evidence, especially if you’re leaving because your landlord has violated your rights. You can offer a way to reduce an early termination penalty, like handing over your security deposit. Remember that if you are breaking a lease in Florida due to your military service, you must provide military orders or a statement from your commanding officer.
Minimize Your Early Termination Penalty
You have a few ways you can minimize your early termination penalty. You can find a new tenant for your landlord, allowing them to make money as soon as you move out. You can also sublet your property, allowing a tenant to live in a spare room in your unit. Some landlords prohibit subletting, so take a look at your lease agreement to see if this is okay.
If your lease agreement has a specific penalty, you can sit down with your landlord and see if you can reduce the penalty. You can waive your security deposit, or you can offer to pay an extra rent payment early. Your landlord may be willing to waive all penalties if you have a very strong reason for moving out, such as a family emergency.
If your landlord sues you in small claims court, you can defend yourself and avoid paying additional damages. You can also countersue your landlord if you have strong proof that they retaliated against you, violated your rights, or harassed you.
Start Moving Out
You should prepare to move out before you actually start breaking your lease. Contact a moving company and find a new place to live for yourself. Downsize and donate items you don’t need anymore to make the moving process easier. Look for Palm Beach local movers if you’re moving to a nearby city, and hire Palm Beach long distance movers if you’re moving across Florida or out of state.
Active military duty members should talk to their commanding officers about resources in the military for moving. You should visit websites like Military OneSource and apply for relocation assistance.
Figure Out Breaking a Lease in Florida
Breaking a lease in Florida can be trickier than it seems. Florida law protects tenants who live in uninhabitable units or experience retaliation from their landlords. It also protects service members starting or ending active military duty. It does not explicitly protect any other tenants, and it gives explicit protections for landlords to get multiple months of rent and additional penalties.
You should always contact a lawyer and ask them questions on how to break a lease in Florida. Write your landlord a written notice and gather evidence of any violation of your legal rights.
Now that you know how to break a lease in Florida without penalty, you can start talking to a Florida moving company. Meehan’s Family Moving has the most trusted crew of Palm Beach movers. Call 561-904-6000 for a free quote now.
