A lease is a contract that binds two or more parties to the terms of the agreement. Sometimes, after signing a rental agreement or lease, a tenant may need to vacate the rental unit early for a variety of reasons. Likewise, the landlord may terminate the lease under certain circumstances. It is important to abide by state laws, as well as specifications within the lease, for providing notice of intent to terminate a lease. Show
Tenant Termination of LeaseSince a lease is a contract, tenants are bound to the length of the lease. This means that they are responsible for paying rent during the lease period. Exceptions to this rule exist, particularly if the landlord breaks or violates the lease. Some states provide explicit reasons for tenants to break their leases, including a call to military service or domestic violence concerns. If a landlord is violating terms of the lease, especially health and safety codes, the tenant may be able to move out without giving notice, or giving less notice than typically required. Legally, this is termed “constructive eviction,” meaning that since the rental premises are unlivable, the tenant is effectively evicted from the property. This may also be the case if a natural disaster, or significant damage to the rental unit, prevents the tenant from remaining in the rental property. However, if the tenant breaks a lease without a legally protected reason, the landlord may sue for damages. A tenant may be able to move out early even when their landlord has not violated the lease if:
Landlord’s Duty to Mitigate DamagesThe landlord has a duty to mitigate, or to use reasonable efforts to re-rent the rental unit after a tenant has broken the lease. Generally, reasonable efforts are what a reasonable person would do under similar circumstances. It probably would be unreasonable, for example, for a landlord to let the property sit vacant for three years and then sue the old tenant for the rent during this period of time. The duty to mitigate may prove challenging for the landlord, since the inconvenience of re-renting arises from the tenant’s decision to terminate the lease prematurely. In the landlord’s favor, actual costs for advertising the unit can be charged to the vacating tenant. And some leases include a termination fee, or a specific forfeiture of the tenant’s security deposit if the lease is broken. Security Deposit IssuesTypically, landlords have from two weeks to one month to return a tenant’s security deposit after the tenant moves out of the rental premises. Landlords may deduct from the tenant’s security deposit for valid reasons, and according to the proper method. Deductions should be presented in a written document and itemized, and payment should be returned for any deposit balance. It is important to follow up with the landlord if the deductions seem improper. Any agreement reached should be documented in writing. Landlord Termination of LeaseA landlord may legally terminate a lease if the tenant is in violation of the terms of the lease or has broken the law. The violation by the tenant must be significant, such as late rent, or having a dog despite a prohibition against pets in the premises. Violations of the law, such as selling drugs on the premises, justify a landlord’s termination of the lease. The landlord must first send a termination notice to the tenant, making clear that the tenancy has been terminated. Terms of the notice vary according to state law, as do the requirements on delivery of the notice. The tenant may be provided time to remedy the violation, by paying outstanding rent, for example. Or the notice may state that the tenant must vacate the premises or risk eviction. A landlord may file an eviction lawsuit against a tenant who remains in the rental unit after receiving a termination notice. An eviction is a court-ordered removal of the tenant. The landlord typically files a complaint with the court, the tenant is provided time to answer, and if the landlord prevails in court, it repossesses the property. Landlords and tenants are typically free to terminate month-to-month tenancies by simply providing written notice 30 days in advance. Check state and local laws and the rental agreement itself to determine the precise procedures. Last reviewed October 2022 Short answer: It depends. If you are on a month-to-month lease:The freedom that you have to move out at any time with only a month’s notice is also reciprocated on the landlord’s side. Landlords generally only need a 30 day notice to evict the tenant. Just as you would need a 30 day notice to move out, the landlord reserves the same right when it comes to renewing your lease. This instability is one of the cons of signing a month-to-month lease. If your landlord is trying to move in:This process is called an Owner Move-In Eviction. It is completely legal in most states, as long as the landlord provides a reasonable notice (usually 60 days if the landlord wishes to move in before the lease expires). Once the tenants have vacated, it is crucial that the landlord does in fact move in to the property. The landlord (or a relative of the landlord) must use the home as their primary place of residence consecutively for at least 36 months. Otherwise, the tenant can sue the landlord for wrongful eviction and in some cases be entitled to move back into the property. If your landlord is trying to sell the property:Your landlord can sell their property at any point, regardless of any tenants. It is after all, their property. Refer to your lease first, because this is something that might be mentioned. Some landlords include a “lease termination due to sale” clause, usually if they are planning on selling the property in the near future. This clause could give insight as to what will happen after the sale of the property. It could include a less-than-standard notice warning to vacate if the property is sold during the lease and could even declare the lease to end if the property is sold prior to the original end date. Be sure to have a discussion about this clause with your landlord prior to signing the lease to avoid conflicts in the future. Asking to revisit and possibly make a change to this clause might sound like a big change to your lease, but it never hurts to ask and your landlord might be open to the discussion! In most states, even if the owner of the property changes, you can keep your original lease until it expires. However, this period of sale is your chance to renegotiate with the new property owner. Your landlord is going to want some cooperation in order to be able to show the property in good condition and help ensure you will not speak poorly of the property while a potential buyer is present. Use this opportunity to negotiate with your landlord to create a win-win situation. Consider negotiating for a decrease in rent for the remaining months on the lease, an early move-out (this could be appealing to the new buyer as they can set their own leasing agreement with any tenants they wish to have), or even an as-is move out to guarantee that you won’t be charged for any damages. Here are some of your rights to consider as a tenant:
 What to do before moving out:In either situation, it is important to settle any debts that you might have accumulated during your tenancy at the residence. If you are behind on rent, utilities, etc., your landlord can hand the debt to a collection agency when the lease ends (preemptively or at the original expiration date), where the debt can negatively affect your credit score and ability to rent/buy in the future. Unless you have arranged an as-is move-out, make sure the property is cleaner than how you found it. It’s important to remember that you still need to get your security deposit back. If you can, find pictures of the property from when you first moved in as a reference and do a final walkthrough to assess any damages together with your landlord and any roommates. Some landlords require potential tenants to have reference letters from previous landlords, so try to stay on each other’s good sides! You might need their help someday. If you enjoyed your time at their property, you could even keep in contact with them in case they have another property for rent in the future. If you are the landlord:First and foremost, now is an extremely important time to be reliable and communicative with your current tenants. Before committing to anything, consult your state and local landlord/tenant laws. Although you are able to move in or sell your property, make the process seamless and conflict-free by keeping your tenants in the loop every step of the way. If you are having trouble keeping up with all of your tenants, consider moving your operations to Tellus, where you can have all of your rental documents in one place. It is a convenient all-in-one shop for property management/investment. You can even collect rent through the app and your tenants can pay via credit cards for rewards! To find out about more benefits, check out Tellus across our platforms! For details on each state’s landlord/tenant laws: https://www.landlordology.com/state-laws/ What a landlord Cannot do Florida?LANDLORDS CANNOT JUST THROW YOU OUT. Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order.
Can a landlord sell a house during a lease in Florida?The right of the landlord to sell a tenant-occupied property
Generally, the landlord owns the home and can sell the property any time he/she wants to. The counter right is that that the tenant will have the right to live in the property if there is a new owner – for as long as the lease is active.
How much notice does a landlord have to give in Florida?The 2022 Florida Statutes
(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
Can a landlord terminate a lease early in Florida?In Florida, a landlord can terminate a tenancy early and evict a tenant for a number of different reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. To terminate the tenancy, the landlord must first give the tenant written notice.
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Can a lease be broken by landlord
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