Breaking A Lease Early? What You Need To Know
There are many reasons a tenant may want to leave a rental property before the end of the lease term. You may be relocating for work, moving in with your boyfriend or girlfriend, finding a different home, or simply needing a change. But if you have signed a lease, moving out early can have legal and financial consequences.
The first thing to understand is that ending a lease early is not always as simple as giving notice and moving out. Your rights and obligations will depend on the terms of your lease, the circumstances surrounding your tenancy, and applicable Florida law. Always check what the lease says, first! Many residential leases contain provisions addressing early termination. These provisions may establish specific requirements, fees, or other consequences for ending the tenancy before the agreed-upon expiration date. Florida law may also provide landlords with certain remedies when a tenant leaves before the lease expires. The consequences can vary considerably depending on the circumstances.
That is why it is important to review your lease carefully before making a decision or negotiating with your landlord.
You may have also heard that you forfeit your security deposit if you break the lease early. Thankfully, that is not true: as I detailed in my last blog article, Florida has very strict standards on what landlords must do to claim the deposit. Moreover, Florida Statutes § 83.47 prohibits a lease from waiving a right that is outlined within landlord-tenant act, such as the steps necessary to claim a security deposit. To put it simply, any provision in a lease that purports to surrender the deposit upon early termination is plainly unenforceable under Florida law.
You can read more about security deposits in detail here: https://www.pizaniaslaw.com/blog/protecting-your-security-deposit-a-florida-tenants-guide
So what should you do? If you are considering breaking your lease, do not assume that the answer is the same for every tenant or every lease. Your particular agreement and circumstances can make a significant difference. Before giving notice, moving out, or signing an agreement with your landlord, consider having an attorney review your lease and advise you regarding your available options.
At Pizanias Law, we can review your lease, evaluate your situation, and help you determine an appropriate course of action. We can also assist with communicating or negotiating with your landlord when appropriate.
If you are considering ending your lease early and would like to discuss your options, contact our office to schedule a consultation.
~ Nicholaos Pizanias, Esq.
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Note: This article is intended to provide general information and should not be considered a replacement for legal advice. If you are facing a legal issue pertaining to the information presented above, we encourage you to seek guidance from competent legal counsel. If you would like to schedule a consultation with our office, please visit our website at: https://www.pizaniaslaw.com/