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  1. #11
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    Jan 2006
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    Default Re: Breaking a Lease in the State of Florida

    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.
    so, do you believe there is an early termination option or not?

    If so, then choose. If not, there is no choice and you cannot terminate early without being considered in breach of the contract. Due to that, the landlord can sue you for damages. You will lose (no question about it) and you will end up with a judgment on your credit history.

    - - - Updated - - -

    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.
    that was not one of the options.

  2. #12
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    Mar 2010
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    10

    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting jk
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    that was not one of the options.


    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.

  3. #13
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    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting Gabe1
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    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.
    in your statement, they say the landlord can charge the 2 months rent.

    the fee is not rent so I read that as they can charge you the fee plus still require you to pay the rent for the 60 day period as well.

    I read that as they cannot seek any more lost rent than that 60 days because they accepted the early termination fee to terminated the lease after the period of notice. So, while you can leave at the end of the month, you will still owe for a total of 60 days from the date you give notice. (plus the early termination fee of up to 2 months equivalent of rent)

  4. #14
    Join Date
    Mar 2010
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    Default Re: Breaking a Lease in the State of Florida

    ”If the tenant chooses to vacate early, you can only charge the tenant 2 months' rent plus whatever they already owed you for rent or other amounts under the terms of the lease. NOTHING MORE."

    At this point I owe nothing... $0 + 2 months rent.

    I guess there is a lot of gray area here.

  5. #15
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    Default Re: Breaking a Lease in the State of Florida

    Gabe1;886146]plus whatever they already owed you for rent or other amounts under the terms of the lease. NOTHING MORE."
    the early termination fee is owed as other amounts under the terms of the lease.



    At this point I owe nothing... $0 + 2 months rent.
    plus the early termination fee (which equals 2 months rent but is not in fact 2 months rent. It is a fee)



    (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.
    so they can require you to provide a 60 day notice. You are responsible for the rent during the notice period. The early termination fee is what precludes them from seeking payment for the entire lease. You want to treat the fee as rent. It isn't. It is a fee that allows you to terminate the lease before its' natural date of expiration. That is a separate issue from being required to provide, and be liable for the rent during, a 60 day notice of termination.

  6. #16
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    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting jk
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    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.
    To the contrary, the plain language of the statute requires a landlord to choose one or the other.
    Quote Quoting Gabe1
    View Post
    ”If the tenant chooses to vacate early, you can only charge the tenant 2 months' rent plus whatever they already owed you for rent or other amounts under the terms of the lease. NOTHING MORE."

    At this point I owe nothing... $0 + 2 months rent.

    I guess there is a lot of gray area here.
    If there's a valid liquidated damages clause, you can be charged up to two months rent. If there's a valid early notice provision, you can be required to give up to 60 days notice. If your landlord attempts to misapply the law, requiring both, nobody here can promise that you won't end up having to deal with your landlord's effort to bill you, sue you, and/or make a report to a credit reporting agency claiming that you owe money.

  7. #17
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    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting Mr. Knowitall
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    To the contrary, the plain language of the statute requires a landlord to choose one or the other.

    If there's a valid liquidated damages clause, you can be charged up to two months rent. If there's a valid early notice provision, you can be required to give up to 60 days notice. If your landlord attempts to misapply the law, requiring both, nobody here can promise that you won't end up having to deal with your landlord's effort to bill you, sue you, and/or make a report to a credit reporting agency claiming that you owe money.
    So you are saying that this effectively allows a tenant to terminate a lease with simply no more than 60 days notice. No fee possible. I would think if that was what the legislature intended they would have said that. As it stands the statute clearly states the ll can charge an early termination fee AND it can require up to 60 days notice. Presuming the tenant must still pay rent for that period it ends up being the fee to allow the early termination and the lease can require it to be effective up to 60 days later.

    Otherwise why not simply say; an option to terminate the lease with 60 days notice as using your interpretation that is what it becomes.

  8. #18
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    Mar 2010
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    10

    Default Re: Breaking a Lease in the State of Florida

    I also found this:

    ■ Option 1
    Early termination fee. If Tenant wishes to move out before the ending date of the lease, Tenant will give
    Landlord at least 60 days’ notice. Landlord will charge Tenant $ as a termination fee,
    provided that the fee is no more than twice the monthly rent. Tenant will owe rent for the month in which
    Tenant moves out, and any unpaid back rent and other damages as allowed by law. Landlord will not seek
    rent beyond the month in which Tenant moves out.

    Liquidated damages. If Tenant moves out before the ending date of the lease (or fails to provide the
    specified notice to exercise a termination right), Tenant will owe Landlord liquidated damages in the
    amount of $ , which may be no more than twice the monthly rent. Tenant will owe
    rent for the month in which Tenant moves out, and any unpaid back rent and other damages as allowed by
    law. Landlord will not seek rent beyond the month in which Tenant moves out.

    This sounds like the notice is nice, but if you don't give the notice, the most they can ding you for is the two months rent.

    Source: http://www.nolo.com/sites/default/fi...LeaseAdden.pdf

  9. #19
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    Default Re: Breaking a Lease in the State of Florida

    Quote Quoting jk
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    So you are saying that this effectively allows a tenant to terminate a lease with simply no more than 60 days notice.
    You need to read the statute. The landlord can give the tenant the option of an early termination / liquidated damages provision that allows for the tenant to end the lease early upon what amounts to a payment of up to two months rent. The landlord does not have to offer such a clause.
    Quote Quoting jk
    As it stands the statute clearly states the ll can charge an early termination fee AND it can require up to 60 days notice.
    No, again, it very plainly does not. The statute very clearly uses the word "or" which does not mean "and". To the extent that one can conceive of a scenario in which the two options are not mutually exclusive (perhaps a tenant who gives only one month's notice before abandoning the unit during the lease term), the statute limits recovery to a total of two months rent.
    Quote Quoting Gabe1
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    This sounds like the notice is nice, but if you don't give the notice, the most they can ding you for is the two months rent.
    If the landlord opts not to offer an early termination provision or a liquidated damages provision, or if the landlord offers that option via a valid addendum but the tenant rejects the option, the landlord has the option of holding the tenant responsible for all rent through the conclusion of the tenancy.

  10. #20
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    Mar 2010
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    Default Re: Breaking a Lease in the State of Florida

    This is the part I am relying on.

    If Tenant moves out before the ending date of the lease (or fails to provide the
    specified notice to exercise a termination right), Tenant will owe Landlord liquidated damages in the
    amount of $ , which may be no more than twice the monthly rent.

    - - - Updated - - -

    The landlord HAS offered the liquidated damages provision.

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