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  1. #1
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    Default Breaking a Lease in the State of Florida

    My question involves landlord-tenant law in the State of: Florida

    According to my lease, I need to provide 60 days notice and pay two additional months penalty.

    Upon further research of Florida Statute 83.595 says: (4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form: ☐ I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months’ rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. ☐ I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.


    In my lease, I was never given an option for the latter. With the market being the way that it is, they will have no problem re-leasing the place as soon as I depart. I have also found a suitable replacement for my apartment. (Someone willing to sign a lease, and has excellent credit and no criminal background) This idea was rebuked by the property manager.
    If the latter in the lease was present and I chose it, they would have no damages, and I wouldn't be paying two months of rent unnecessarily.

    Do I have a leg to stand on by making this argument?

  2. #2
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    Default Re: Breaking a Lease in the State of Florida

    leg to stand on where?

    Once you leave the landlord is obligated to attempt to rent the unit. When they do, your liability stops. While you state you have a qualified replacement, understand that is your view and your view may not match the landlord's view. I have no idea why they did not find the guy you find an acceptable replacement so, you either give the 60 days notice and pay the additional 2 months rent or you breach the lease and take your chances. If you are sued you can try the argument you had a qualified replacement but the landlord refused to rent to them for some unknown reason. If the judge sees it your way, you win. If the judge sees it the LL's way, it's going to cost you for the time the apartment was empty.

  3. #3
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    Default Re: Breaking a Lease in the State of Florida

    Well according to the statute, the lease needs to give me the option of 2 months for liquidated damages. or and objection to this fee. A choice when the lease is signed. That didn't happen here.

    They did find the person acceptable, but they won't allow them to rent my apartment. Basically they want me to pay two months and they will have someone renting it for those two months ala double dipping.

  4. #4
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    Default Re: Breaking a Lease in the State of Florida

    Gabe1;886116]Well according to the statute, the lease needs to give me the option of 2 months for liquidated damages. or and objection to this fee. A choice when the lease is signed. That didn't happen here.
    it requires you be given that choice if the landlord wishes to allow for an early termination provision. Since it appears they did not comply with the law that would allow them to provide for an early termination, then there are no provisions for an early termination. You either pretend there is and abide by the terms offered or walk away and deal with what happens from there.



    Basically they want me to pay two months and they will have someone renting it for those two months ala double dipping
    they would not be double dipping. The buyout provision is a penalty fee equal to 2 months rent. It is not actually 2 months rent though. You have to realize there are costs associated with re-renting an apartment that they were not intended on spending until the expiration of your lease. You want to escalate the date, you get to pay those costs.

  5. #5
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    Default Re: Breaking a Lease in the State of Florida

    In Florida, absent an early termination or liquidated damages clause, the landlord can choose between billing the tenant for rent for the duration of the lease, or trying to find a replacement tenant -- there is no duty to mitigate. Here, there's an early termination clause:
    Quote Quoting Gabe1
    View Post
    According to my lease, I need to provide 60 days notice and pay two additional months penalty....
    My interpretation of the statute is that it's either-or -- if the landlord includes a liquidated damages clause, the landlord can assess up to two months rent as liquidated damages; or if the landlord includes an early termination clause, the landlord may require notice of early termination to be not less than 60 days; but not both.
    Quote Quoting Gabe1
    In my lease, I was never given an option for the latter.
    You are saying that you were given an option for an early termination fee, but not a liquidated damages clause?

    If the clause is enforceable, it's not "double dipping" -- you can be assessed the agreed liquidated damages. If the clause is not enforceable, then the landlord would not have a basis to charge rent following the new tenant's taking possession.

  6. #6
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    Default Re: Breaking a Lease in the State of Florida

    actually it can be both:




    Charge liquidated damages, as provided in the rental agreement, or an early termination fee if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination.


    so, the landlord can offer an early out buy charging a liquidated damages or early termination fee of no more than the equivalent of no more than 2 months rent but they can also require no more than 60 days notice.


    otherwise it is simply a breach of contract and the landlord has the right to seek actual damages.


    but the OP is stating there no valid allowance for an early termination because there was no separate addendum as the law requires so the OP is stating there is no early termination option. If so, the OP can either stay there, pretend the there is an early termination clause and abide by those terms or walk away and take their chances.

    I believe the statute is using the terms liquidated damages and early termination fee interchangeably.

  7. #7
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    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting jk
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    so, the landlord can offer an early out buy charging a liquidated damages or early termination fee of no more than the equivalent of no more than 2 months rent but they can also require no more than 60 days notice.
    The first part of the sentence you quote relates to liquidated damages, the second part relates to early termination fees, with the statute expressly making it an either-or proposition:
    Quote Quoting Florida Statutes, Sec. 83.595(4)
    Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form:....
    The concept of the early termination fee and a liquidated damages provision are separate; but if they were synonymous it would become impossible to impose both as they could be at most a single, two month fee.

    The addendum would be required to make the provision enforceable by the landlord, but I am skeptical that a court would find that a tenant could not exercise the right to terminate the lease early based upon the landlord's failure to provide the separate addendum, if that's what the tenant wanted to do.

  8. #8
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    Default Re: Breaking a Lease in the State of Florida

    I also found this:

    The New Law

    A common misconception is that under the new law, when a tenant vacates early, you can NOW charge the tenant a Liquidated Damages or Early Termination Fee. This is only partially correct, and it is crucial that you understand the law.

    Under the new law, you can give the tenant a CHOICE to either owe a flat fee "Liquidated Damages/Early Termination Fee"¯ OR owe rent until the unit is re-rented. The TENANT makes the choice, NOT you. If you do not want to give the tenant this choice, you will not use the Addendum, and you can ONLY charge the tenant your rent loss, as has been the law.



    I realize I owe something, I just think two months is steep for something that will be rented immediately, since there is currently no vacancies. They are saying a need to give two calendar months notice PLUS two months additional rent. (I personally think 60 days is different than two calendar months)

    Source: http://www.evict.com/?page=legnew0807

    Q - Can we require the tenant to give notice before he vacates early if he picks Choice #1?

    A-- Yes, but if he does not, you can only charge the 2 months' rent amount as if he simply walked out on you tomorrow.



    Q- If the tenant picks Choice #1 and gives us notice, can we charge the tenant through the notice period PLUS the 2 months' rent?

    A- NO. You can ask the tenant to give you notice, BUT you cannot hold him to it.

  9. #9
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    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting Mr. Knowitall
    View Post
    The first part of the sentence you quote relates to liquidated damages, the second part relates to early termination fees, with the statute expressly making it an either-or proposition:
    [/SIZE][/FONT]
    The concept of the early termination fee and a liquidated damages provision are separate; but if they were synonymous it would become impossible to impose both as they could be at most a single, two month fee.

    The addendum would be required to make the provision enforceable by the landlord, but I am skeptical that a court would find that a tenant could not exercise the right to terminate the lease early based upon the landlord's failure to provide the separate addendum, if that's what the tenant wanted to do.
    and to add to that, the phrase the state suggests:

    ☐ I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months’ rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
    it speaks to them as they are one and the same.

    "I agree...to pay...as liquidated damages or an early termination fee...."

    It does not say;'

    pay $XXXX as liquidated damages or $XXXX as an early termination fee. It says pay $XXXX as liquidated damages or an early termination fee (whichever you choose to call it)(my words obviously)




    . but regardless, in an early termination fee situation (which is what the landlord is offering) it clearly states the landlord can also impose a requirement to give prior notice of up to 60 days.

    so, the OP can pay an early termination fee equal to 2 months rent along with providing a 60 day notice or they can breach the contract and take their chances it is cheaper to do that.

    - - - Updated - - -



    Under the new law, you can give the tenant a CHOICE to either owe a flat fee "Liquidated Damages/Early Termination Fee"¯ OR owe rent until the unit is re-rented. The TENANT makes the choice, NOT you. If you do not want to give the tenant this choice, you will not use the Addendum, and you can ONLY charge the tenant your rent loss, as has been the law.
    aha, liquidated damages/early termination fee. They are using them both simply to be clear you can call it whatever you want but this is how you must treat it either way.



    I realize I owe something, I just think two months is steep for something that will be rented immediately, since there is currently no vacancies. They are saying a need to give two calendar months notice PLUS two months additional rent. (I personally think 60 days is different than two calendar months)
    so walk and take your chances in court.

    Of course you will end up with a judgment on your credit history if you do this.

  10. #10
    Join Date
    Mar 2010
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    Default Re: Breaking a Lease in the State of Florida

    I'll pay the two months and leave by the end of the month. I just want to make sure they can't come after me for any more.

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