Sooner or later, a tenant asks to leave before the lease ends. For an owner who rents a home or unit in a community association, two sets of rules apply: Florida's Residential Landlord and Tenant Act and the association's governing documents.
This article is general information and is not legal advice. The association's attorney should be consulted.
Start With the Lease and the Law
The landlord's options when a tenant breaches the lease and gives up possession are set by section 83.595 of the Florida Statutes. Once the unit has been surrendered or abandoned, or a writ of possession has been obtained, one of four courses may be chosen:
- The lease may be treated as terminated and the unit retaken for the landlord's own account, which ends any further liability of the tenant.
- The unit may be retaken for the account of the tenant. The tenant remains liable for the difference between the rent due under the lease and the rent recovered from a new tenant, and a good faith effort to relet the unit must be made.
- Nothing may be done, and the tenant may be held liable for the rent as it comes due.
- Liquidated damages or an early termination fee may be charged, but only if that was agreed to when the lease was made.
Early Termination Fees and the Required Addendum
An early termination fee or liquidated damages clause is allowed in Florida only under specific conditions found in section 83.595(4):
- The amount may not exceed 2 months' rent
- In the case of an early termination fee, the tenant may not be required to give more than 60 days' notice
- The choice must be accepted by the tenant in a separate addendum to the lease, signed at the time the lease was made, in substantially the form printed in the statute
When this option is used, the landlord is also entitled to rent and other charges accrued through the end of the month in which possession is retaken, and to charges for damage to the unit. If the addendum was not signed, the fee option is not available. The addendum should be prepared by an attorney and offered with every new lease.
Servicemembers Have a Separate Right
Under section 83.682, a lease may be terminated by a servicemember in certain situations, such as permanent change of station orders to a location 35 miles or more away or a move into government quarters. Written notice must be given, with an effective date at least 30 days after the landlord receives it, and a copy of the orders or a letter from the commanding officer must be attached. Rent is owed only through the effective date. This right cannot be waived by the lease.
Put the Agreement in Writing
When an early move-out is agreed to outside of those provisions, the terms should be recorded in a short written agreement signed by the landlord and every tenant on the lease. The move-out date, the amounts to be paid, the handling of the deposit, and the return of keys and gate devices should be stated. The same policy should be applied to every tenant.
Inspect the Unit and Handle the Deposit on Time
A move-out inspection should be scheduled, and the condition of the unit should be documented with dated photographs.
Deposit deadlines are set by section 83.49(3):
- If no claim will be made, the deposit must be returned within 15 days after the lease terminates
- If a claim will be made, written notice of the claim and the reason must be sent within 30 days, by certified mail to the tenant's last known mailing address or by email where the statute allows
- The tenant then has 15 days after receiving the notice to object in writing
If the 30-day notice is missed, the right to make a claim against the deposit is lost.
What the Association Needs to Know
Many declarations require leases and tenants to be approved by the association, set minimum lease terms, or limit the number of rentals. Those requirements come from the governing documents and differ in every community. When a tenant leaves early, the following is usually expected of the owner:
- The manager is notified of the move-out date so that gate access, parking decals, and amenity cards can be deactivated
- A new lease application is submitted before the next tenant moves in
- Assessments continue to be paid by the owner while the unit is vacant
Tenants are bound by the governing documents during the lease, and the owner remains responsible to the association. More on that subject can be found in our post on
whether a Florida HOA can evict a tenant.
Help for Boards With Rentals in the Community
Lease applications, tenant records, and rule enforcement are handled for the communities managed by Condominium Associates as part of our
association management services. To discuss how rentals are tracked in your community,
contact us.
