Legal Reasons for Lease Termination
In the state of Florida, a distressed landlord has a right to terminate a lease agreement with a tenant, but only in very obvious and extreme circumstances. For example, if a tenant were to engage in illegal activities, such as drug-related crime, the landlord would have no obligation to continue renting to the tenant. However, keep in mind that any alleged illegal activity will have to be either criminally charged or otherwise proven to be illegal before the landlord can properly terminate the lease. If the tenant was never charged with a crime , the landlord has no legal ground for ending the lease early without notice.
Another example of lease termination is in the event that the tenant has violated the lease in a significant way. Florida law requires a 15-day notice to the tenant before the landlord can terminate the lease. Violations of the lease which may signal a significant enough violation to justify termination might include significant damage done to the property or if the tenant refuses to pay rent. Any other breach could be used as grounds for early termination of a lease agreement, but would likely involve a longer notice period.
Florida’s Tenant Protections
Florida tenants are afforded certain rights and protections under Florida law. These rights and protections ensure that tenants are treated fairly and that their interests are protected. For example, under Florida law, landlords must provide written notice to tenants before seeking possession of a unit for reasons other than non-payment of rent.
The Florida Residential Landlord and Tenant Act governs residential rentals and it protects both landlords and tenants. This act (also known as the Act) is codified in Chapter 83 of the Florida Statutes and provides guidance on all aspects of residential landlord-tenant relationships, from security deposits to lease termination.
When a tenant in the State of Florida vacates the unit, the tenant is deemed to be in possession of the unit until he or she returns possession in accordance with the legally binding lease agreement. Once possession is returned, the landlord must remedy any damages. The landlord must also return any security deposit held in accordance with Florida Statute Section 83.49(4)(a) – (d). If the deposit is returned before the timeline provided under the statute, the tenant is presumed to have waived any minimum 15-day time period for the return of the deposit.
Both landlords and tenants are responsible for adhering to the mutually agreed upon terms and conditions in a lease agreement. If the parties wish to discharge the terms of a lease before the expiration of the term, mutual agreement is preferred. However, if one party seeks to discharge the lease without fulfilling the terms, they may be considered in breach of contract and subject to liability for the claimed damages.
Termination Notices
The notice requirements for early lease termination must be strictly followed by the Landlord. In Florida, the statutory method of providing notice of noncompliance for a material breach relating to the continuation of a rental agreement is found in Florida Statute § 83.56(2) and requires that the tenant receive the first notice in writing and with a right to remedy within seven days from receipt of such notice. Moreover, pursuant to § 83.56(2), a second notice is required to be provided stating that the tenant has failed to remedy the violation within seven (7) days of receipt of the first written notice within the time allowed.
When Florida law prohibits self-help remedies of termination, or even entering into a contract where the tenant is being provided a deed-in-lieu of foreclosure style of remedy, it can be important to keep in mind the strict notice requirements and timelines for providing notice set forth in Chapter 83 of the Florida Statutes.
Tenants Can Be Hit in the Wallet
In addition to the loss of stability and the prospect of having to find new housing, early terminations by landlords can present financial burdens for tenants. The most obvious financial consequence for a tenant is the security deposit. Even though the Florida Residential Landlord Tenant Act requires landlords to provide a tenant with a written notice of claim against the security deposit within 15 days of the landlord’s receipt of the tenant’s notice to vacate, most landlords never send a pre-settlement notice. Those tenants who have moved from the property, however, are not entitled to the benefit of this provision.
Moreover, a landlord is entitled to keep the security deposit and apply it to any unpaid rent and other damages suffered if a tenant vacates without a cure . The statute does not require a landlord to mitigate its damages and attempt to re-rent the premises. This may put a tenant in the difficult position of having to pay two rents at once if the landlord does not find a substitute tenant promptly.
A tenant could pursue a claim for the return of the security deposit with the clerk of court even if the landlord fails to file a notice of claim within 15 days of the tenant’s notice. However, Florida Statute 83.48 provides a method for landlords and tenants to agree to the attorney’s fees in any proceeding where a party seeks to enforce the provisions of a residential lease. This enables landlords to seek attorneys’ fees from tenants who sue for the return of their security deposits.
How to Contest or Appeal a Termination
In some cases, tenants may find that the landlord’s reason for terminating the lease is unjustified or unfounded. Florida law provides specific methods for disputing early lease termination by a landlord. One way to resolve the matter before it goes to court is to participate in Florida’s flagship alternative dispute resolution (ADR) program, called designated circuit mediation. This program affords the opportunity for both sides to sit down and engage the services of a courts magistrate in an informal process aimed at reaching resolution. Circuit mediation is offered in each of the 20 judicial circuits and has been available in Florida since 1996. It is intended to be a less costly and less time-consuming process for all parties involved. If the landlord makes a false claim or alleges wrong-doing by the tenant as justification for termination of the lease, the tenant may choose to fight the matter in court as well. An action for declaratory judgment is one type of civil litigation that can be used to challenge the termination of the lease. A declaratory judgment action asks the court to evaluate the circumstances and declare a decision stating whether the landlord has a right to terminate the lease. The court ruling can both affirm and nullify an early lease termination. In order to obtain a declaratory judgment, the first step is to file a notice of lis pendens in accordance with Florida Statute §48.23. This will place a cloud on the property title and provide notice to any third parties that the matter is pending. The next step is to file a complaint and obtain service of process on the landlord referencing the right to dispute allegation. A hearing is then held at which time the judge will make a ruling on the matter. If the judge sides with the tenant, the action will go into default judgment and the lease will remain valid.
Locating Legal Assistance in Florida
As with all legal disputes, these issues are best resolved if the parties have a clear understanding of the law and its application to their situation. Many of these laws, especially the landlord-tenant laws, are very technical with strict deadlines. The good news is that Residential landlords and tenants are entitled to the advice and counsel of an attorney in order to properly evaluate the issues and come to a legal resolution. Much information about these laws can be located online, but the application of the law to the facts of your case requires a legal opinion from a Florida attorney.
There are several low cost and no cost options for obtaining legal advice in Florida. The Florida Bar provides a variety of services that connect Floridians with lawyers who are able to assist them. These services include: The Florida Bar also provides a Lawyer Referral Service , which is available by telephone and online. The LRS program matches Florida residents with private attorneys who are offered at $50 for the first 30 minutes.
There are several more options for Floridians who need legal help. If you are a qualified low income individual or family seeking legal aid, the Legal Services Corporation (LSC), a federally funded non-profit, has over 900 independent offices across the country to help with civil legal problems. You can visit the Find Legal Aid website to find the office closest to you. For military service members, veterans, and their families, the American Bar Association (ABA) has established the Military Pro Bono Portal. You can get help with civil legal issues related to deployment and military life. The ABA also has a Pro Bono Center, which uses lawyers and organizations to serve those who cannot afford a lawyer on their own. Another useful website is Military OneSource.