How can I terminate my lease early and avoid paying any penalties?
Full Question:
Answer:
You should carefully read your lease agreement to determine your rights and obligations relating to termination. You might be able to enter another agreement with your landlord to terminate the lease under your circumstances.
83.44 Obligation of good faith. —
Every rental agreement or duty within this part imposes an obligation of
good faith in its performance or enforcement.
83.49 Deposit money or advance rent; duty of landlord and tenant. —
(1) Whenever money is deposited or advanced by a tenant on a rental
agreement as security for performance of the rental agreement or as advance
rent for other than the next immediate rental period, the landlord or the
landlord's agent shall either:
(a) Hold the total amount of such money in a separate
non-interest-bearing account in a Florida banking institution for the
benefit of the tenant or tenants. The landlord shall not commingle such
moneys with any other funds of the landlord or hypothecate, pledge, or in
any other way make use of such moneys until such moneys are actually due
the landlord;
(b) Hold the total amount of such money in a separate interest-bearing
account in a Florida banking institution for the benefit of the tenant or
tenants, in which case the tenant shall receive and collect interest in an
amount of at least 75 percent of the annualized average interest rate
payable on such account or interest at the rate of 5 percent per year,
simple interest, whichever the landlord elects. The landlord shall not
commingle such moneys with any other funds of the landlord or hypothecate,
pledge, or in any other way make use of such moneys until such moneys are
actually due the landlord; or
(c) Post a surety bond, executed by the landlord as principal and a
surety company authorized and licensed to do business in the state as
surety, with the clerk of the circuit court in the county in which the
dwelling unit is located in the total amount of the security deposits and
advance rent he or she holds on behalf of the tenants or $50,000, whichever
is less. The bond shall be conditioned upon the faithful compliance of the
landlord with the provisions of this section and shall run to the Governor
for the benefit of any tenant injured by the landlord's violation of the
provisions of this section. In addition to posting the surety bond, the
landlord shall pay to the tenant interest at the rate of 5 percent per
year, simple interest. A landlord, or the landlord's agent, engaged in the
renting of dwelling units in five or more counties, who holds deposit
moneys or advance rent and who is otherwise subject to the provisions of
this section, may, in lieu of posting a surety bond in each county, elect
to post a surety bond in the form and manner provided in this paragraph
with the office of the Secretary of State. The bond shall be in the total
amount of the security deposit or advance rent held on behalf of tenants or
in the amount of $250,000, whichever is less. The bond shall be conditioned
upon the faithful compliance of the landlord with the provisions of this
section and shall run to the Governor for the benefit of any tenant injured
by the landlord's violation of this section. In addition to posting a
surety bond, the landlord shall pay to the tenant interest on the security
deposit or advance rent held on behalf of that tenant at the rate of 5
percent per year simple interest.
(2) The landlord shall, within 30 days of receipt of advance rent or a
security deposit, notify the tenant in writing of the manner in which the
landlord is holding the advance rent or security deposit and the rate of
interest, if any, which the tenant is to receive and the time of interest
payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent
or security deposit is being held, whether the advance rent or security
deposit is being held in a separate account for the benefit of the tenant
or is commingled with other funds of the landlord, and, if commingled,
whether such funds are deposited in an interest-bearing account in a
Florida banking institution.
(c) Include a copy of the provisions of subsection (3).
Subsequent to providing such notice, if the landlord changes the manner
or location in which he or she is holding the advance rent or security
deposit, he or she shall notify the tenant within 30 days of the change
according to the provisions herein set forth. This subsection does not
apply to any landlord who rents fewer than five individual dwelling
units. Failure to provide this notice shall not be a defense to the
payment of rent when due.
(3)(a) Upon the vacating of the premises for termination of the lease, if
the landlord does not intend to impose a claim on the security deposit, the
landlord shall have 15 days to return the security deposit together with
interest if otherwise required, or the landlord shall have 30 days to give
the tenant written notice by certified mail to the tenant's last known
mailing address of his or her intention to impose a claim on the deposit
and the reason for imposing the claim. The notice shall contain a statement
in substantially the following form:
This is a notice of my intention to impose a claim for damages in the
amount of __________ upon your security deposit, due to __________. It is
sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified
that you must object in writing to this deduction from your security deposit
within 15 days from the time you receive this notice or I will be authorized
to deduct my claim from your security deposit. Your objection must be sent
to (landlord's address).
If the landlord fails to give the required notice within the 30-day
period, he or she forfeits the right to impose a claim upon the security
deposit.
(b) Unless the tenant objects to the imposition of the landlord's claim
or the amount thereof within 15 days after receipt of the landlord's notice
of intention to impose a claim, the landlord may then deduct the amount of
his or her claim and shall remit the balance of the deposit to the tenant
within 30 days after the date of the notice of intention to impose a claim
for damages.
(c) If either party institutes an action in a court of competent
jurisdiction to adjudicate the party's right to the security deposit, the
prevailing party is entitled to receive his or her court costs plus a
reasonable fee for his or her attorney. The court shall advance the cause
on the calendar.
(d) Compliance with this section by an individual or business entity
authorized to conduct business in this state, including Florida-licensed
real estate brokers and sales associates, shall constitute compliance with
all other relevant Florida Statutes pertaining to security deposits held
pursuant to a rental agreement or other landlord-tenant relationship.
Enforcement personnel shall look solely to this section to determine
compliance. This section prevails over any conflicting provisions in
chapter 475 and in other sections of the Florida Statutes, and shall
operate to permit licensed real estate brokers to disburse security
deposits and deposit money without having to comply with the notice and
settlement procedures contained in s. 475.25(1)(d).
(4) The provisions of this section do not apply to transient rentals by
hotels or motels as defined in chapter 509; nor do they apply in those
instances in which the amount of rent or deposit, or both, is regulated by
law or by rules or regulations of a public body, including public housing
authorities and federally administered or regulated housing programs
including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National
Housing Act, as amended, other than for rent stabilization. With the
exception of subsections (3), (5), and (6), this section is not applicable
to housing authorities or public housing agencies created pursuant to
chapter 421 or other statutes.
(5) Except when otherwise provided by the terms of a written lease, any
tenant who vacates or abandons the premises prior to the expiration of the
term specified in the written lease, or any tenant who vacates or abandons
premises which are the subject of a tenancy from week to week, month to
month, quarter to quarter, or year to year, shall give at least 7 days'
written notice by certified mail or personal delivery to the landlord prior
to vacating or abandoning the premises which notice shall include the
address where the tenant may be reached. Failure to give such notice shall
relieve the landlord of the notice requirement of paragraph (3)(a) but
shall not waive any right the tenant may have to the security deposit or
any part of it.
(6) For the purposes of this part, a renewal of an existing rental
agreement shall be considered a new rental agreement, and any security
deposit carried forward shall be considered a new security deposit.
(7) Upon the sale or transfer of title of the rental property from one
owner to another, or upon a change in the designated rental agent, any and
all security deposits or advance rents being held for the benefit of the
tenants shall be transferred to the new owner or agent, together with any
earned interest and with an accurate accounting showing the amounts to be
credited to each tenant account. Upon the transfer of such funds and
records as stated herein, and upon transmittal of a written receipt
therefor, the transferor shall be free from the obligation imposed in
subsection (1) to hold such moneys on behalf of the tenant. However,
nothing herein shall excuse the landlord or agent for a violation of the
provisions of this section while in possession of such deposits.
(8) Any person licensed under the provisions of s. 509.241, unless
excluded by the provisions of this part, who fails to comply with the
provisions of this part shall be subject to a fine or to the suspension or
revocation of his or her license by the Division of Hotels and Restaurants
of the Department of Business and Professional Regulation in the manner
provided in s. 509.261.
(9) In those cases in which interest is required to be paid to the
tenant, the landlord shall pay directly to the tenant, or credit against
the current month's rent, the interest due to the tenant at least once
annually. However, no interest shall be due a tenant who wrongfully
terminates his or her tenancy prior to the end of the rental term.
83.54 Enforcement of rights and duties; civil action. —
Any right or duty declared in this part is enforceable by civil action.
83.55 Right of action for damages. —
If either the landlord or the tenant fails to comply with the
requirements of the rental agreement or this part, the aggrieved party
may recover the damages caused by the noncompliance.
83.56 Termination of rental agreement. —
(1) If the landlord materially fails to comply with s. 83.51(1) or
material provisions of the rental agreement within 7 days after delivery of
written notice by the tenant specifying the noncompliance and indicating
the intention of the tenant to terminate the rental agreement by reason
thereof, the tenant may terminate the rental agreement. If the failure to
comply with s. 83.51(1) or material provisions of the rental agreement is
due to causes beyond the control of the landlord and the landlord has made
and continues to make every reasonable effort to correct the failure to
comply, the rental agreement may be terminated or altered by the parties,
as follows:
(a) If the landlord's failure to comply renders the dwelling unit
untenantable and the tenant vacates, the tenant shall not be liable for
rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord's failure to comply does not render the dwelling unit
untenantable and the tenant remains in occupancy, the rent for the period
of noncompliance shall be reduced by an amount in proportion to the loss of
rental value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52 or material
provisions of the rental agreement, other than a failure to pay rent, or
reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be
given an opportunity to cure it or if the noncompliance constitutes a
subsequent or continuing noncompliance within 12 months of a written
warning by the landlord of a similar violation, deliver a written notice to
the tenant specifying the noncompliance and the landlord's intent to
terminate the rental agreement by reason thereof. Examples of noncompliance
which are of a nature that the tenant should not be given an opportunity to
cure include, but are not limited to, destruction, damage, or misuse of the
landlord's or other tenants' property by intentional act or a subsequent or
continued unreasonable disturbance. In such event, the landlord may
terminate the rental agreement, and the tenant shall have 7 days from the
date that the notice is delivered to vacate the premises. The notice shall
be adequate if it is in substantially the following form:
You are advised that your lease is terminated effective immediately. You
shall have 7 days from the delivery of this letter to vacate the premises.
This action is taken because (cite the noncompliance).
(b) If such noncompliance is of a nature that the tenant should be
given an opportunity to cure it, deliver a written notice to the tenant
specifying the noncompliance, including a notice that, if the
noncompliance is not corrected within 7 days from the date the written
notice is delivered, the landlord shall terminate the rental agreement by
reason thereof. Examples of such noncompliance include, but are not
limited to, activities in contravention of the lease or this act such as
having or permitting unauthorized pets, guests, or vehicles; parking in
an unauthorized manner or permitting such parking; or failing to keep the
premises clean and sanitary. The notice shall be adequate if it is in
substantially the following form:
You are hereby notified that (cite the noncompliance). Demand is hereby
made that you remedy the noncompliance within 7 days of receipt of this
notice or your lease shall be deemed terminated and you shall vacate the
premises upon such termination. If this same conduct or conduct of a
similar nature is repeated within 12 months, your tenancy is subject to
termination without your being given an opportunity to cure the
noncompliance.
(3) If the tenant fails to pay rent when due and the default continues
for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery
of written demand by the landlord for payment of the rent or possession of
the premises, the landlord may terminate the rental agreement. Legal
holidays for the purpose of this section shall be court-observed holidays
only. The 3-day notice shall contain a statement in substantially the
following form:
You are hereby notified that you are indebted to me in the sum of
__________ dollars for the rent and use of the premises (address of leased
premises, including county), Florida, now occupied by you and that I
demand payment of the rent or possession of the premises within 3 days
(excluding Saturday, Sunday, and legal holidays) from the date of delivery
of this notice, to wit: on or before the __________ day of __________,
(year).(landlord's name, address and phone number)
(4) The delivery of the written notices required by subsections (1), (2),
and (3) shall be by mailing or delivery of a true copy thereof or, if the
tenant is absent from the premises, by leaving a copy thereof at the
residence.
(5) If the landlord accepts rent with actual knowledge of a noncompliance
by the tenant or accepts performance by the tenant of any other provision
of the rental agreement that is at variance with its provisions, or if the
tenant pays rent with actual knowledge of a noncompliance by the landlord
or accepts performance by the landlord of any other provision of the rental
agreement that is at variance with its provisions, the landlord or tenant
waives his or her right to terminate the rental agreement or to bring a
civil action for that noncompliance, but not for any subsequent or
continuing noncompliance. Any tenant who wishes to defend against an action
by the landlord for possession of the unit for noncompliance of the rental
agreement or of relevant statutes shall comply with the provisions in s.
83.60(2). The court may not set a date for mediation or trial unless the
provisions of s. 83.60(2) have been met, but shall enter a default judgment
for removal of the tenant with a writ of possession to issue immediately if
the tenant fails to comply with s. 83.60(2). This subsection does not apply
to that portion of rent subsidies received from a local, state, or national
government or an agency of local, state, or national government; however,
waiver will occur if an action has not been instituted within 45 days of
the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with
s. 83.49(3).
83.575 Termination of tenancy with specific duration. —
(1) A rental agreement with a specific duration may contain a provision
requiring the tenant to notify the landlord before vacating the premises at
the end of the rental agreement; however, a rental agreement may not
require more than 60 days' notice before vacating the premises.
(2) A rental agreement with a specific duration may provide that if a
tenant fails to give the required notice before vacating the premises at
the end of the rental agreement, the tenant may be liable for liquidated
damages as specified in the rental agreement if the landlord provides
written notice to the tenant specifying the tenant's obligations under the
notification provision contained in the lease and the date the rental
agreement is terminated. The landlord must provide such written notice to
the tenant within 15 days before the start of the notification period
contained in the lease. The written notice shall list all fees, penalties,
and other charges applicable to the tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the
landlord after the rental agreement has terminated and fails to give notice
required under s. 83.57(3), the tenant is liable to the landlord for an
additional 1 month's rent.
83.595 Choice of remedies upon breach by tenant. —
(1) If the tenant breaches the lease for the dwelling unit and the
landlord has obtained a writ of possession, or the tenant has surrendered
possession of the dwelling unit to the landlord, or the tenant has
abandoned the dwelling unit, the landlord may:
(a) Treat the lease as terminated and retake possession for his or her
own account, thereby terminating any further liability of the tenant; or
(b) Retake possession of the dwelling unit for the account of the tenant,
holding the tenant liable for the difference between rental stipulated to
be paid under the lease agreement and what, in good faith, the landlord is
able to recover from a reletting; or
(c) Stand by and do nothing, holding the lessee liable for the rent as it
comes due.
(2) If the landlord retakes possession of the dwelling unit for the
account of the tenant, the landlord has a duty to exercise good faith in
attempting to relet the premises, and any rentals received by the landlord
as a result of the reletting shall be deducted from the balance of rent due
from the tenant. For purposes of this section, "good faith in attempting to
relet the premises" means that the landlord shall use at least the same
efforts to relet the premises as were used in the initial rental or at
least the same efforts as the landlord uses in attempting to lease other
similar rental units but does not require the landlord to give a preference
in leasing the premises over other vacant dwelling units that the landlord
owns or has the responsibility to rent.