Lease-Breaking Laws In Florida: What You Need To Know

Florida has specific laws regarding lease terminations, protecting both tenants and landlords. While a lease is a signed legal agreement, tenants may legally break it in certain situations. These include entering active military service, uninhabitable conditions, and landlord harassment or privacy violations. In such cases, tenants should provide written notice to their landlord as early as possible, along with supporting documentation. However, breaking a lease without a valid reason can result in financial and legal penalties for tenants.

Active military duty

Florida's laws provide specific guidelines for lease terminations, protecting both tenants and landlords. Active military duty is one of the valid reasons for breaking a lease in Florida. Here is what you need to know about breaking a lease due to active military duty:

Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides protections for military members and their families. Under the SCRA, tenants engaged in active military duty may be eligible to terminate their lease obligations. This applies to both residential and vehicle leases. To qualify, tenants must:

• Be an active-duty member of the military, Reserve, National Guard (mobilized under federal orders for over 30 consecutive days), or a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
• Have received a Permanent Change of Station (PCS) order or deployment orders for a minimum of 90 days.
• Have signed the lease before entering active military service.

Notice and Documentation

To terminate a lease due to active military duty, tenants must provide their landlord with a written notice and proper documentation. This includes a military ID and PCS orders or a letter from their commanding officer. The notice must be provided at least 30 days in advance of the move. The effective date of termination is typically 30 days after the first date on which the next rental payment is due.

Landlord Compliance

Landlords are required to comply with the SCRA. They cannot charge additional rent or lease break penalties for tenants breaking their lease due to military duty. If a landlord fails to comply, it may be considered a violation of the law.

Florida Military Clause

While not all leases include a military clause, Florida landlord-tenant law outlines how and when tenants can use a military clause to break their lease. Common circumstances that allow tenants to vacate a lease early without penalty include:

• PCS orders to another base 35+ miles away from the leased premises.
• Transfer to base housing.
• Discharge or release from active duty, with the rental premises being more than 35 miles from their home of record upon entering active duty.
• TDY orders exceeding 60 days and located more than 35 miles from the leased premises.

Additional Considerations

It is important to note that tenants may be responsible for paying rent for the months before the lease is terminated. If rent has been paid in advance, landlords must refund the unearned portion. Additionally, security deposits must be returned upon lease termination.

Uninhabitable conditions

In Florida, tenants have the right to terminate a lease early without penalty if their rental property is deemed uninhabitable. Uninhabitable living conditions refer to situations where the property fails to meet established health and safety standards, leading to unsafe and uncomfortable living environments.

Examples of uninhabitable conditions include:

• Rodent or insect infestations
• Major structural problems in walls or ceilings
• Presence of hazardous materials like mould, mildew, lead, or asbestos
• Serious plumbing issues, such as leaks, clogs, or burst pipes
• Lack of heat or other essential services

To break a lease due to uninhabitable conditions, tenants must follow specific steps:

• Notify the landlord: Tenants should inform their landlord about the issue in writing and provide proof, such as photographs.
• Allow reasonable time for repairs: Florida law requires landlords to address these conditions within a reasonable timeframe, usually around seven days for emergency issues.
• Document all communication: Tenants should keep records of their interactions with the landlord, including any notices given and responses received.
• Seek legal recourse if necessary: If the landlord fails to remedy the situation within the given timeframe, tenants may have the right to terminate the lease early without penalty. However, it is important to note that tenants must actually vacate the property before making a claim for "constructive eviction," and the landlord may argue that they made reasonable efforts to repair the issues.

Landlord harassment or privacy violations

Florida law protects tenants from landlord harassment and privacy violations. If a landlord violates a tenant's privacy rights or engages in harassing behaviour, the tenant may be considered "constructively evicted", meaning they are no longer legally bound by the lease.

Landlords in Florida must give tenants 12 hours' notice before entering the rental property. Repeatedly violating this right to privacy, or taking actions such as removing windows or doors, turning off utilities, or changing locks, may constitute constructive eviction.

Harassing behaviours that may justify breaking a lease include:

• Sending eviction notices demanding more than the rent owed or threatening unlawful action
• Trying to collect a debt that is not due
• Prematurely demanding rent
• Changing locks or other self-help eviction actions
• Disposing of or seizing tenants' personal property
• Using abusive, profane, or threatening language
• Disclosing the debt owed to third parties
• Contacting the tenant before 8 am or after 9 pm
• Excessive texting or calling, including at the tenant's place of employment

Tenants who have experienced landlord harassment or privacy violations can seek early termination of their lease, invoking protections outlined in the Fair Housing Act. The Florida District Court provides a legal avenue for tenants to pursue remedies and uphold their rights.

Lease termination notice requirements

Florida's lease termination laws require tenants to provide written notice to their landlord before ending the rental agreement. The amount of notice depends on the type of lease:

• Weekly Lease: Seven days of notice
• Monthly Lease: 15 days of notice
• Quarterly Lease: 30 days of notice
• Yearly Lease: 60 days of notice

If a tenant fails to provide proper notice, the landlord may take legal action or seek penalty payments. In addition, tenants should be aware of the following:

• Tenants have the right to withhold rent payments if certain fundamental amenities or necessary repairs are not provided by the landlord.
• A tenant may terminate a lease early without penalty if the rental property is unsafe or inhabitable.
• Landlords are required to provide a habitable environment and adhere to the terms of the lease agreement.
• Tenants entering active military service have the right to terminate their lease under federal law.
• Tenants can seek early termination of their lease if they experience landlord harassment or privacy violations, as outlined in the Fair Housing Act.

To deliver a lease termination notice, tenants can consider the following methods:

• Delivering a written copy of the notice in person
• Using certified mail
• Leaving the written notice at the front door of the property

Landlord's duty to find a new tenant

In Florida, landlords are not legally required to mitigate damages by finding a new tenant to occupy the property if the current tenant breaks their lease. In this case, landlords have three options: they can choose to re-rent the property, do nothing and collect rent for the term of the lease, or demand damages of up to two months' rent under an early termination provision.

However, if the landlord decides to re-rent the property, they are legally obligated to diligently seek a new tenant, ensuring the continued occupancy and revenue generation of the rental unit.

If you are a tenant in Florida and are considering breaking your lease, it is crucial to understand your rights and responsibilities. While there are valid reasons for breaking a lease, such as active military duty, uninhabitable living conditions, or landlord harassment, you may still be responsible for paying rent until a new tenant is found. It is always best to discuss your specific situation with your landlord to determine the best course of action and avoid potential legal disputes and financial implications.

Frequently asked questions