How to Cancel an Apartment Lease in Florida
If you are currently renting an apartment in Florida that you do not or cannot stay at, you may need to leave the apartment before the lease period is up. Typically an apartment lease cannot be canceled. Instead, you have to break the lease or terminate the lease early. Since an apartment lease in Florida, like any other state, is a legally binding contract, there is usually a penalty fee to end the apartment lease agreement early.
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Instructions
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Consult with Florida legal aid if your want to break your lease because the landlord is negligent. Typically, this includes the landlord not providing utilities if the lease specified the landlord is responsible for utilities. In this instance, you would be able to break the lease without penalty, but you should get the help or opinion of Florida legal aid before proceeding.
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Read through the apartment lease you signed to see what your options are for breaking the lease, if you cannot do so due to landlord negligence. In some apartments, you must have to pay a lease breaking fee of two month's rent. With other apartments, you are liable for the monthly rent until a new tenant is found.
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Write out a written notice to vacate the apartment. Your lease will tell you how far in advance you must provide this notice, which is usually 30 or 60 days.
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Find someone to take over your lease, if this is required by your landlord. You can do this by posting ads on Craigslist or in your local Florida newspaper. If your lease does not leave you responsible for the monthly rent until a new tenant is found, you do not need to look for someone to take over the lease.
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Pay your lease breaking fee on the day you vacate the apartment. The fee is typically listed in your lease and the 2010 Florida statute 83.595 specifies the maximum early termination fee that a landlord can collect is two month's rent. However, your lease may also specify that you lose your deposit if you break the lease.
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References
- Florida Division of Consumer Services: Florida's Landlord/Tenant Law Summary of Chapter 83, Part II - Florida Statutes
- Florida Senate: 2010 Florida Statute 83.56 - Termination of Rental Agreement
- Apartment Ratings: How To Break A Lease
- Florida Senate: 2010 Florida Statute 83.595 - Choice of Remedies upon Early Termination by Tenant
Resources
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