Breaking a Lease in Florida 2022 everything you should know

April 5, 2022

Important things to know about breaking a lease in Florida 2022

There are several reasons you would think of breaking your lease and moving to a different home while living in Florida. A job change, increased family members, or need for increased security are some of the many reasons you would think of breaking your lease and moving to a different location. However, before you move to a different home, many things need to be considered. This informative write-up will help you understand the complex process of breaking a lease before the time is up.

Rights and Responsibilities: Signing a Lease in Florida

While living in the home, a tenant should remember their rights and responsibilities. Following the rights and responsibilities equally will ensure that they move to a new residence without too many issues and not pay for any damages that might have been present from before. The rights and responsibilities of a tenant renting a home in any state of Florida are mentioned below:

  1. Eliminate vermin and pests from the rental unit
  2. Replace old locks and provide keys to the new locks
  3. Ensure garbage is removed regularly
  4. Continuous supply of running and hot water
  5. Heated residence during winters

While living in a rented home in Florida, tenants have two ways to safeguard their rights. The following two points are a great help for tenants:

  1. Ending the rental agreement before the scheduled date of termination
  2. Withholding the rent amount equal to the unit's rental value

At times, landlords take advantage of some loopholes while renting out the residence. Therefore, to answer your question of what happens if you break a lease can be understood with these points:

  1. The landlord could take you to court, and the court will ask you to pay the pending rent amount. The due amount could also be taken from your bank account along with a wage garnishment order.
  2. The landlord would then send the debt over to the third-party collector, who would be suing you for the owed sum of money. The debt collectors could also take you to court if you cannot pay the amount.
  3. The security deposit you pay can be quite high and is almost equal to one month's rent. Therefore, even if you keep the rented home neat, clean, and free from damage, the landlord could claim the deposit and use it to fund the owed amount.
  4. Several landlords also ask for letters of recommendation from previous landlords. Therefore, the incorrect method of early termination of the lease agreement could jeopardize the chances of your future tenancy.

So, before you start looking at how to break a lease, ensure that the entire process is done in a legally correct way. Doing so will minimize the chances of hurting your rental history and ensure that you do not run into any legal issues. Contacting moving experts from Sarasota Sunshine Movers will also help you get the correct and best advice regarding the rights and responsibilities of signing a lease while living in Florida as a tenant.

Lease Termination Notice Requirements in Florida

When you decide on the early termination of lease agreement, some important rules and regulations need to be followed and remembered. By following all these, it will be quite easy for you to break the lease irrespective of the type of home you are living in. The requirements for breaking a lease are mentioned below:

  1. If the lease type is week-to-week, the renter must provide a notice of at least seven days before the end of the lease period.
  2. For a month-to-month lease period, a duration of 15 days should be enough to provide notice.
  3. A quarterly lease period means that the notice should be provided thirty days before the end of the quarterly period.
  4. Yearly leases can be terminated within sixty days before the end of the annual period.

However, as a tenant, you can also understand the methods that can you get out of a lease early with the following methods:

  1. Newer lease agreements may include specific terms that make it easy to break the lease by including specific terms that can help exchange the lease period with a penalty fee. Searching through the agreement for the exact terms, such as the fee amount and the notice period, will help end the lease early. 
  2. If someone is about to start their military duty, they are allowed the option of breaking a lease under the Servicemembers Civil Relief Act. Through this act, early termination of the lease agreement is possible. As a tenant, you need to do the following:
  • Prove that the lease was signed before you entered active duty
  • Prove that they will be involved in active duty for the next 90 days
  • Deliver a written notice to the landlord, along with a copy of deployment orders.
  1. If the unit is not inhabitable and flouts the minimum standards for rental units, you can think of how to get out of a lease without paying any money.

Getting in touch with moving experts from Sarasota Sunshine Movers will help get guidance regarding the steps that provide information on how to get out of a lease while living in Florida. The next part of the write-up will be about landlords harassing tenants or violating their privacy and the steps the tenant can take to reduce the chances of such incidents.

Landlord Harassment or Privacy Violation

A landlord has a right to enter. However, a tenant can prevent their entry under the right to privacy. Therefore, violating this rule can be valid grounds to break a lease.

According to Florida laws, the landlord should provide a notice of 12 hours before the day of visiting. Also, it would be considered constructively evicted if the landlord repeatedly tries to violate your rights as a tenant by changing locks, removing doors or windows, or cutting off utility supplies. Also, it is illegal if a landlord changes the locks to the rental unit in which you are residing without notice.

Another important reason that answers the question, "how can you get out of a lease early?"  is the violation of a lease agreement. The next part will help understand how to break a lease in case a violation of the lease agreement happens.

Violation of Lease Agreement

There are several situations wherein the landlord violates the lease agreement, which justifies breaking the lease and relieving you of your duties. However, as each lease is created with different goals, it is better to read through the duties and requirements for the tenant and landlord to read and understand. Doing so will help you understand where your rights as a tenant have been violated and how they can be handled.

As per the clauses in the Florida renters' contract, if there are any unethical provisions, the court can prevent the landlord from enforcing any clause on the tenant. Some examples of lease-breaking are as follows:

  • Purchasing a new house
  • Relocation for a new job or school
  • Upgrading or downgrading
  • Moving in with a friend or significant other
  • Want to be closer to family

If none of the reasons mentioned above are feasible and you end up breaking the lease, then the question of "what happens if you break a lease?" can be answered in the following points:

  1. You would need to pay some hefty fees
  2. There would be a lawsuit
  3. Your credit scores would be affected
  4. Renting the next apartment could be problematic

Throughout this write-up, you have explored ways and methods to break a lease. Also, you may be charged if you end up breaking the lease. You can also contact moving experts from Sarasota Sunshine Movers to get some helpful tips and information regarding how to get out of a lease early. Here are some questions people have asked on how to break a lease.

 

FAQs

How can you get out of the lease early?

You can get out of a lease early by through the following methods:

  • Discuss ways to get out of the lease with the landlord without paying fines
  • Help your landlord by replacing yourself with a new tenant
  • Sublet the rented unit while living so that the subletter continues rent payment

What's a good reason to break a lease?

 A tenant can legally break a lease if the apartment has violated any code that allows safe living. For example, if the landlord harasses the tenant or leaves for military duty, the tenant can break the lease. Also, if the tenant is suffering domestic violence or if the apartment is illegal, the tenant has a good reason to break the lease.

Does breaking your lease hurt your credit?

If you break your lease without providing enough time or reason for the landlord to find another tenant, it could affect your credit as you will need to pay fines and other dues to the landlord.