Unless you are a clairvoyant, it is impossible to prevent the future. At times, a tenant may need to terminate a Florida residential lease earlier than the lease term established in the contract. In this article, you will discover the legally acceptable options to terminate a Florida residential lease early without penalty.
How Do I Terminate a Residential Lease in Florida? – Submitting a Notice of Termination
Regardless of the reason that led to the early lease termination, tenants in Florida must provide notice before leaving the premises and terminating the landlord-tenant relationship.
Florida Statutes §83.57 provides that a tenancy without a specific term may be terminated by either party (landlord or tenant) giving written notice.
For example, a yearly tenancy may be terminated by ” giving not less than 60 days’ notice prior to the end of any annual period.” Before sending a notice of termination, talk to an expert lease attorney to ensure you comply with the terms outlined by Florida law.
How Do I Terminate a Residential Lease in Florida? – Acceptable Reasons Only
Active Military Duty
Under the Servicemembers Civil Relief Act (SCRA), servicemembers can terminate a residential lease early if they are on active military duty. Beginning on the date of entering duty, servicemembers enjoy protection until 30-90 days after their discharge date.
In this context, the term “servicemember” applies to members of any branch of the armed forces, the activated National Guard, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), and commissioned corps of the Public Health Service.
Yet, there are specific requirements any tenant on active duty must comply with before terminating the lease, which includes submitting a written notice to the landlord with a copy of the order to deploy attached to it.
Florida law requires landlords to meet specific health and safety requirements when renting premises to tenants. If a landlord does not provide inhabitable premises, a tenant has the legal right to terminate a residential lease early due to constructive eviction.
Florida Statutes §83.51 details all landlord duties regarding the provision of habitable premises, including “applicable building, housing, and health codes.” If you have been constructively evicted, call an expert lease attorney immediately.
Harassment or Privacy Violation
No landlord has the right to harass or violate the privacy of a tenant for whatever reason. Unless in specific situations established by law, a landlord must provide a 12-hour notice before entering the rental premises (unless agreed upon otherwise).
Repeated violations of privacy rights or harassing behavior like changing locks without prior notice, turning off utilities, and removing windows or doors are considered constructive eviction.
Violation of Lease Agreement
If a landlord fails to satisfy the terms in a lease agreement, a tenant may be relieved from their obligations. Still, each residential lease agreement is different, which means determining whether a breach of contract has occurred requires expert assessment.
Seek guidance from an expert Florida attorney to have your case assessed and discover whether your landlord has incurred a violation of the lease agreement.
Early Termination Clause
Currently, some residential lease agreements contain early termination clauses, allowing a tenant to terminate a lease early upon the payment of a penalty fee. If that is your case, make sure to read the agreement in detail to meet any agreed-upon terms for terminating the lease early.
How Do I Terminate a Residential Lease in Florida? – Work with an Expert Florida Attorney
Although tenants can work their way through an early termination lease, the best approach is to seek professional guidance. Waste no time – call Attorney Romy B. Jurado today at (305) 921-0976 or email [email protected] to schedule a consultation.