Lease Breaking In Florida: Understanding Your Legal Rights

Breaking a lease in Florida can be a complicated process, and tenants may face financial and legal penalties if they do so without a valid reason. Generally, tenants are legally bound to pay rent for the full lease term, typically a year, whether or not they continue to live in the rental unit. However, there are some exceptions to this rule, and tenants may be able to legally move out before the lease term ends in certain situations. For example, if tenants enter active military service, if the rental unit is unsafe or if the landlord harasses them or violates their privacy rights. It's important for both tenants and landlords to understand their rights and responsibilities when it comes to breaking a lease in Florida.

Active military duty

If you are on active military duty, there are specific provisions in Florida law that allow you to break your lease without penalty. Here is some information to guide you through the process and protect your rights as a tenant:

As a member of the military, you have the right to terminate your lease early if you receive permanent change of station orders or deployment orders of at least 90 days. This right is protected under the Servicemembers Civil Relief Act (SCRA) and Florida state law. To exercise this right, you must provide written notice to your landlord, along with a copy of your orders. The written notice can be provided by you or someone acting on your behalf, such as a family member or legal representative.

The effective date of termination is critical. The lease terminates 30 days after the first date on which the next rental payment is due following the delivery of the written notice. For example, if your rent is due on the first of the month and you deliver the notice on the 15th of that month, the lease will terminate 60 days later (at the end of the next full month). If you deliver the notice before the rent is due, the lease will terminate 30 days later, at the end of that month's rental period.

You are only responsible for rent during the period before the lease termination date. You are not responsible for any rent payments or other obligations under the lease after that date. It's important to note that this provision does not apply to any family members who remain in the dwelling unless they are also tenants and parties to the lease.

Additionally, you are not liable for any penalties or damages for early termination of the lease, including any fees or penalties stated in the lease for breaking it early. Your security deposit should also be returned in full, provided there are no damages beyond normal wear and tear.

In conclusion, Florida law provides protections for active military personnel needing to break their lease due to duty station changes or deployment. By following the correct procedures, you can terminate your lease without incurring penalties or extra costs, so understanding your rights and providing the necessary notices and documentation to your landlord is essential.

Uninhabitable conditions

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 problems, such as leaks, clogs, or burst pipes
• Lack of essential utilities, such as heat or other essential services

The timeframe for remediation depends on the severity of the issue. For uninhabitable conditions that reach emergency levels, such as severe plumbing leaks or no heat during winter, the timeframe for remediation could be less than seven days. For other issues, Florida law requires landlords to address these conditions within a "reasonable timeframe".

Tenants must provide documented evidence, in writing, to the landlord before attempting to break the lease. This can include photographs of uninhabitable living conditions.

Landlord harassment or privacy violations

Landlords are not permitted to harass tenants or violate their privacy rights. Florida law states that tenants have the right to occupy their rented property in peace, without undue disturbance or discrimination. Landlords are required to give 12 hours' notice before entering a rental property, except in emergencies. If a landlord repeatedly enters without proper notice or justification, this can be considered an invasion of privacy and may constitute harassment.

Other forms of landlord harassment include:

• Verbal abuse or threats: Aggressive and unreasonable communication from the landlord can cause emotional distress and make the living situation untenable. Even if a tenant has been late with rent, abuse and threats are not warranted, except for a reasonable warning of legal eviction action.
• Retaliatory actions: If a landlord has had disagreements with a tenant, they may seek unwarranted evictions or demand rent increases.
• Intrusions into the living space: Landlords must provide notice before entering a rental unit, except in emergencies.
• Misuse of power to control essential services: This includes deliberately disrupting utility services such as water, electricity, or heating to coerce the tenant into action. Florida law prohibits this behaviour, emphasising the landlord's obligation to maintain these services.
• Negative information disclosure: While landlords have a right to provide truthful information to third parties, they do not have the right to spread rumours or disclose tenant debt to others.
• Excessive communication: Repeatedly contacting the tenant, including before 8 am or after 9 pm, or so frequently that it becomes harassment, is not permitted.

If a landlord engages in these or other forms of harassment, tenants have several options for resolution, including lawsuits related to emotional or physical harm, specific expenses incurred due to the landlord's behaviour, or mediation and arbitration. It is important for tenants to meticulously document incidents of harassment, report them to local housing authorities, and seek legal counsel when necessary.

Early termination clause

An early termination clause in a lease agreement outlines the terms that tenants must follow to break a lease early. It also points out the consequences they may experience if they do so. While landlords in Florida are not required to include an early termination clause, it is vital to have one to protect themselves if the tenant decides to move out of the rental unit.

An early termination clause can allow a tenant to break a lease early, without penalty, by paying a penalty fee. For example, a landlord can add a clause stating that a tenant can break their lease early in exchange for paying two months' rent. Alternatively, a mutual termination clause can be added, allowing the lease to be terminated early if both parties agree.

In Florida, tenants can terminate a lease early in as little as 30 days after the beginning of the next rent period, provided they give proper notice. The amount of notice will depend on the type of lease:

• Seven days' notice for weekly leases
• 15 days' notice for monthly leases
• 30 days' notice for quarterly leases
• 60 days' notice for yearly leases

If a tenant does not provide proper notice, the landlord may seek legal action or penalty payments.

Landlord failing to disclose known defects of the property

Florida law requires landlords to disclose any known defects of the property to tenants before they move in. If landlords fail to do so, tenants may be permitted to break their lease early.

Florida landlords are required to make several disclosures to tenants before signing the lease. These include disclosures of lead-based paint traces or radon gas hazards on the property, as well as information about the security deposit holdings. Failing to make these mandatory disclosures gives tenants enough justification to terminate the lease early.

If a landlord does not disclose known defects of the property, tenants can try to use this as justification for ending the lease early. However, it is important to note that this may require court approval. Tenants should also be aware that they may still be subject to penalties, such as the landlord withholding part of the security deposit or hiring a debt collection agency if they refuse to pay what they owe.

To avoid penalties, tenants should provide proper notice to their landlord before ending the rental agreement. The amount of notice will depend on the type of lease they have:

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

It is also important to note that Florida is not considered a tenant-friendly state, and landlords are not required to make reasonable efforts to re-rent their units when a tenant breaks a lease. Instead, they have the option to rerent, stand by and do nothing (in which case the tenant remains liable for the rent), or invoke the right to liquidated damages or an early termination provision.

Frequently asked questions