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Breaking a Lease in Florida

In some cases, circumstances occur that are beyond one’s control, which results in a lease being broken. It’s vital to know what actions to take as a landlord to prevent losses. It’s also useful to learn the conditions of breaking a lease as a tenant so one avoids its adverse effects.

In this article, we’ll provide an overview of the legal conditions set in Tampa, Florida.

 

Breaking a Lease in Tampa, Florida

Breaking a lease can have several ramifications. They include the chance of being sued and one’s security deposit not being refunded. It could also have a negative effect on one’s credit score.

 

Renters Rights & Responsibilities

Even if there is solid justification for an eviction, it is illegal for a landlord to:

  • Cause utility service disruption to a tenant by shutting down its sources.
  • Preventing the entry of a tenant to the rental unit by replacing the locks with new ones.
  • Remove doors and windows of the rental space to make it difficult for a tenant to live in peace and privacy.
  • Not allow service members to rent to guard against the possible legal breaking of the lease.

Landlords must be well versed in the eviction process. They must know the proper eviction notices to send to their tenants. In this case, for tenants in Tampa, Florida who are unable to pay the monthly rent, a 3-day notice must be issued.

For tenants who violate the lease agreement, however, they’re given a 7-day notice to cure the violation. Failure to pay or cure the violation within the prescribed periods would signify moving out of the rental unit.

 

Tenant Rights and Duties When Signing a Lease in Tampa, Florida

The Florida landlord-tenant laws stipulate that landlords must follow the lease laws when ending the tenancy. They must provide the 3-day notice to tenants to pay or choose to be evicted from the property. The landlord will pursue legal actions if the tenants refuse to follow the notice.

If the landlord discovers that the tenants are conducting illegal activities in their rental property, then they can hand a 7-days’ unconditional quit notice to the tenant. This signifies that there are no other steps a tenant can take to continue their stay in the rental unit.

When a tenant signs the lease agreement, it’s a binding contract. They’re responsible for paying the landlord the whole rental sum for the length of the leasing term. For example, a monthly rent of $1,000 and a 1-year lease entitles the landlord to a sum of $12,000.

Should a tenant break the lease agreement, even at the latter half part of the year, on the 7th month, they must still pay $5,000 to the landlord.

 

Reasons to Break a Lease

1. Early termination clause

It’s important to go over the lease agreement. It might contain stipulations where breaking the lease is legal as long as the tenant meets certain conditions. Some agreements would require two (2) months payment of rent while others would need just a thirty (30)-day notice beforehand. Others would require both payment and a certain number of days for a landlord to be notified.

 

2. Unsafe and uninhabitable rental unit:

When a landlord does not take any actions to attend to the extermination of pests then a tenant can break the lease.

This could include but is not limited to rats, roaches, ants, and bedbugs (unless it’s agreed that the tenant will manage this).

 

3. When a tenant is being harassed by the landlord or their privacy is invaded

Harassment can occur in different forms. This could result from shutting off utilities and changing the locks to prevent a tenant’s entry.

door-keys

This could also refer to the invasion of privacy. For example, being served a notice for property inspection for less than 12 hours (unless otherwise agreed upon).

 

Landlord’s Duty to Find a New Tenant in Tampa, Florida

In Florida, a landlord is well protected by its State laws. They can exercise his or her options to actively look for a new tenant when the previous one wants to break the lease agreement. Yet they can also choose to remain inactive. The tenant is still responsible for paying the entire rent for the signed leasing period.

However, if there’s an early termination clause provided in the lease agreement then the tenant must pay the damages agreed upon. If there’s also an agreed notice period then the tenant must meet that requirement as well. For example, most leases consider two months of rent payment and 2 months of notice period reasonable.

Tenants can aid the landlord by asking permission to sublet the rental space to pay back the rent due. They could also find suitable replacements. It’s the best recourse for tenants who want to break their lease in Tampa, Florida.

 

Bottom Line: Breaking a Lease in FL

In Florida, there are numerous laws surrounding the breaking of a lease agreement. As a landlord or a tenant, it’s very important for both parties to understand them to avoid possible lawsuits.

judge-law

If you have specific questions, hire the services of a qualified Florida attorney. Alternatively, you can seek help from a knowledgeable property management company.

Note that this blog should not be used as a substitute for legal advice from a licensed attorney in Florida. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.

 

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Overview of Landlord-Tenant Laws in Tampa, Florida

Florida is considered to be one of the best places to live in. As a result, the real estate industry in Tampa, Florida is thriving. This translates to there being a lot of landlords and tenants as well as homeowners in the state.

Florida’s government makes it easy for both landlords and tenants to know what to expect from one another with the laws they’ve put into place.

Here are some of the laws to update your legal knowledge and to protect yourself from making a costly mistake and putting yourself on the wrong side of the law. Continue Reading

What Does Cavalier Estates in Tampa Bay Do for Rental Owners-image

What Does Cavalier Estates in Tampa Bay Do for Rental Owners?

Cavalier Estates manages single family homes in Tampa and the surrounding bay area, and today we want to share our elevator speech.

If you watch our video that goes with this blog, you’ll see that I’m actually talking to you on an elevator.

Cavalier Estates in Tampa Bay: What We Do

Single family homes and luxury condominiums in the Tampa Bay area are our specialties. There are a number of services we provide our owners. We find tenants, market your property, place tenants, and take care of everything you and your property need.

Investment Services and ROI with Cavalier Estates

Even more important than the day to day management we provide is the return on investment (ROI) that we help you achieve. Finding and placing long term tenants is the key to this strategy. That longevity provides long term cash flow for you.

If you’re looking for a good, strong professional property management company in Tampa and the surrounding areas, please don’t hesitate to contact us at Cavalier Estates. We’d be happy to tell you more about what we do, and we’d love to help you earn more with your rental property.