Florida Statutes for Termination of a Lease
Florida statutes outline the rules and responsibilities of both landlords and tenants in regard to residential leases. Neither the landlord nor the tenant can terminate a property lease earlier than the rental contract specifies unless either party has just cause to break the lease. Under Florida law, renters receive certain protections from landlords so that they can terminate their lease contract without penalty.
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Time Frame
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If a rental agreement does not list a specific time frame for the duration of a tenant's stay, his contract period will be determined by how frequently he pays rent. A tenant who pays rent on a weekly basis must give a seven-day notice to his landlord before breaking a lease, and a tenant with a monthly tenancy must provide 15 days' notice.
If a landlord locks a tenant into a rental contract for a specific duration of time and requires the tenant to provide notice before breaking the lease, the contract acts as a legal document that the tenant cannot break without penalty according to Florida Division of Consumer Services with the following exceptions: Tenants with a yearly lease must give only 60 days' notice of lease termination, and those on a quarterly lease must provide 30 days' notice.
Maintenance
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Florida landlords must keep a property in good repair at all times, making sure that all aspects of the building comply with state and local health and building codes. Units cannot have faulty plumbing or electrical systems, damaged structural components or pests. A tenant can provide written notice to his landlord if his property needs repair. The landlord must provide repairs within seven days, or the tenant can terminate her lease without penalty.
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Eviction
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A landlord can terminate the lease of any tenant who violates the terms of a rental agreement. Violations can include damaging a rental unit, maintaining an unsanitary living environment or disturbing the peace. If a tenant does not pay rent, the landlord must serve three business days' written notice for the tenant to make good on his rental payments. If a tenant does not live up to her contract, a Florida landlord can have a sheriff evict her within five days of the violation.
Security Deposit
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Landlords usually collect a security deposit to cover property damage or the possibility of the tenant breaking the lease early. A renter who damages property and breaks his lease early will not receive a refund of any security deposit. Provided the tenant did not cause damage to a rental unit and terminated the rental agreement according to contract and state law, the landlord must send the entire amount of the security deposit to the last known address of the tenant within 30 days of vacancy.
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