Breaking a Lease in Florida: What you need to know
Breaking a rental lease agreement can be a complex and sometimes stressful situation for both tenants and landlords. Understanding the nature of lease breakage, as well as the justifiable and unjustifiable reasons for doing so, is essential for navigating this process effectively.
What is Lease Breakage?
A tenant’s life circumstances can change causing tenants to want to break their rental agreement early. Lease breakage occurs when a tenant terminates their rental agreement before the agreed-upon end date. This action can lead to financial consequences and legal implications, depending on the circumstances surrounding the break. Having a clear lease including the proper amount of written notice to be given or expected from the tenant when they are to break their lease is crucial.
Justifiable Reasons to Break a Lease
Certain situations may provide valid grounds for breaking a lease in Florida, including:
- Uninhabitable Living Conditions: If the rental property has severe maintenance issues, such as mold, structural damage, or lack of essential utilities, tenants may have the right to break their lease. Florida law mandates that landlords maintain habitable living conditions.
- Military Service: Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can terminate their lease without penalty if they receive deployment orders or are reassigned.
- Domestic Violence: Victims of domestic violence may have legal protections that allow them to break their lease without facing penalties. This typically involves providing documentation, such as a police report.
- Early Termination Clause: Some leases include an early termination clause, allowing tenants to break the lease under specific conditions, often with a required notice period and potential fees.
- Tenant Privacy Violation: In Florida, a landlord must always respect a tenant’s privacy. Therefore, a landlord may not enter the property without notice unless otherwise agreed upon by the tenant and cannot lock out a tenant by changing the locks. If either of these is done, the tenant would be considered “constructively evicted” also known as “wrongful eviction”.
Unjustifiable Reasons to Break a Lease
On the other hand, there are reasons for breaking a lease that may not hold up legally:
- Desire to Move for Convenience: Wanting to relocate for personal convenience or lifestyle changes does not typically justify breaking a lease. Landlords can pursue legal action for lost rent if a tenant moves out without valid grounds.
- Financial Strain: While financial difficulties may compel a tenant to consider breaking a lease, this reason alone is usually not deemed justifiable. Tenants are encouraged to communicate with landlords about financial hardships, as many may be willing to negotiate or offer payment plans.
- Noise Complaints or Neighbors: Issues with neighbors or noise complaints, unless they violate local ordinances or the lease agreement, do not generally provide a legal basis for breaking a lease.
- Changing Job Locations: If a tenant’s job changes but does not involve relocation for military service, this reason is typically not justifiable for breaking a lease.
- Purchase of a house/property: While most tenants rent prior to purchasing a house/property, proper notice should be given before breaking a lease due to any property acquisition. Becoming a homeowner does not release the tenant from the rental agreement in place.
Conclusion
Understanding the nuances of breaking a rental lease in Florida is essential for both tenants and landlords. Tenants should be aware of their rights and the potential consequences of breaking a lease without justifiable cause.
At Bahia Property Management, we are committed to helping landlords maintain peace of mind and stay legally protected when life changes occur for their tenants. If you have questions or need guidance regarding lease agreements, please reach out to us. We are here to assist you.