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How Can I Break My Lease In Florida Without Penalty?

Posted by Debi Rumph | Sep 22, 2023 | 0 Comments

Breaking a lease without penalties in Florida is possible, but it requires careful strategy and knowledge of the law. The ability to terminate a lease without incurring penalties varies depending on each tenant's unique circumstances. Here's a step-by-step guide to help you navigate this process:

1. Review Your Written Lease

Start by thoroughly reviewing your written lease agreement, if you have one. Even if your lease has expired, having a written lease can make breaking it more challenging but not impossible. Look for key details such as permissive termination clauses, expiration dates, and provisions related to renewal and non-renewal.

2. Check for Violations of the Florida Landlord and Tenant Act

Examine whether any of the written lease provisions you've identified violate the Florida Residential Landlord and Tenant Act (the Act). If a lease provision conflicts with the Act, the landlord will be unable to enforce it.  This step is crucial in understanding your legal rights and will also become integral in developing your lease termination strategy.

3. Consider Your Individual Circumstances

Take into account various factors that are specific to your particular situation. These may include the remaining time on your lease, the type of landlord you have, your landlord's personality, the nature of your landlord-tenant relationship, and the applicability of Florida Statute s. 83.57 and/or the applicability of Florida Statute s. 83.56.

4. Assess Lease Termination Feasibility

Based on the information gathered, assess whether it's possible to terminate your lease without penalties. In approximately 90% of cases, I am able to find a legal way to terminate my client's leases without penalties. However, keep in mind that each situation is unique, and the assessment will depend on your individual, particular circumstances.

5. Negotiate with the Landlord

In the remaining 10% of cases where a straightforward termination without penalties isn't feasible, consider a strategic approach. Negotiate with your landlord to reach an agreement on terminating the lease by paying a reduced termination fee. Landlords may be open to this option if it benefits both parties.

Conclusion

Breaking a lease in Florida without penalties is achievable with careful consideration of your lease terms, the law, and your individual circumstances. Remember that seeking legal advice or assistance may be beneficial, especially if your situation is complex.

If you're looking to end your lease without any penalties, we're here to assist you. Our team focuses in strategizing and executing lease terminations, enabling our clients to peacefully and safely relocate to their new homes.  We offer a range of solutions tailored to tenants like you. To get started, simply fill out our easy-to-use online form [convenient interactive lease termination form] or contact us directly. We're ready to help you smoothly end your lease.

About the Author

Debi Rumph

The Law Offices of Debi V. Rumph and Debi's Tenant Clinic Corner About Us Since July 2005, The Residential Realty Law Firm provided a wide range of legal services as it related to home ownership. However, on July 1, 2012, The Residential Realty Law Firm became the Law Offices of Debi V. Rumph. Debi pr...

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