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  1. #1
    Join Date
    Aug 2018
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    2

    Default When Can You Break Your Lease Over Problems in Your Rental Property, in Florida

    My question involves landlord-tenant law in the State of: Florida
    I have rented a house for a year and have had some issues. The issues have been brought to the landlord's attention. The refrigerator leaks and makes a horrible sound, the stove doesn't work, the house has no heat. We are getting into a new lease year and things have gotten bad in the area. We have a trailer park behind our house that the landlord also owns and there was recently a murder in the park. As well as our house just got broken into. There is also as of late been a lot people coming through that we have no idea who they are. We are questioning our safety as we have recently installed 5 security cameras and still don't feel safe. Also nothing has been done with the appliances. When asking about the safety of where we are living the landlord blew it off. I also don't believe the house we are living in is up to code either. And yet my landlord wants to raise my rent another $50.00 a month for the new rental period. We are really wanting to move but it is going to take us some time into the new lease period. Do I have valid reasons for breaking my lease?

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Breaking My Lease - Florida

    Here is what Florida law requires of the landlord. Heating is only required in Winter which is still several months away. Nothing in there about you not feeling safe. There are murders and burglaries in the best of neighborhoods. And if you were that concerned you would be trying to move out BEFORE your lease is renewed not after it.

    Once winter rolls around, if there is still no heat, you sue because that is how the law is enforced. (See Below)

    And if you think that the place isn't up to code you can report it to the city.

    83.51 Landlord’s obligation to maintain premises.—
    (1) The landlord at all times during the tenancy shall:
    (a) Comply with the requirements of applicable building, housing, and health codes; or
    (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
    The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

    (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
    1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
    2. Locks and keys.
    3. The clean and safe condition of common areas.
    4. Garbage removal and outside receptacles therefor.
    5. Functioning facilities for heat during winter, running water, and hot water.
    (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.
    (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.
    (d) This subsection shall not apply to a mobile home owned by a tenant.
    (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.
    (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).
    (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.


    83.54 Enforcement of rights and duties; civil action; criminal offenses.—Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Breaking My Lease - Florida

    Quote Quoting rshafer
    View Post
    Do I have valid reasons for breaking my lease?
    Probably not.

    But clear up something.

    Are you in a current lease period that is coming up on expiration or have you already signed the renewal lease with the rent increase and are in the new lease period?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: When Can You Break Your Lease Over Problems in Your Rental Property, in Florida

    There's a good summary of your rights, here, explaining when and how you can either withhold rent based upon a landlord's failure to perform necessary repairs, or when you can potentially break your lease. Not every repair problem will support those remedies, nor is neighborhood crime something that is under the control of your landlord.

    If your lease is almost over, I suggest either negotiating to continue month-to-month so that you are less constrained in your ability to find a new home, or speeding up your effort to find alternative housing so that you can move before the end of your lease.

  5. #5
    Join Date
    Aug 2018
    Posts
    2

    Default Re: Breaking My Lease - Florida

    I just finished the lease period 2 days ago, he issued a lease extension but I have not signed anything. So I am hoping it is a month to month.

  6. #6
    Join Date
    Sep 2005
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    Default Re: Breaking My Lease - Florida

    We cannot comment on whether your recently expired lease renews in full-year terms or continues month-to-month, as we have no opportunity to review its terms. We cannot comment on whether or not you agreed with your landlord to a full year lease extension, with that agreement to be formalized by your signing the document provided to you, or in the alternative if your failure to sign that document would result in your continuing month-to-month, as we don't have the relevant facts.

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