A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out. A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate other significant terms of the lease agreement. Tenants are legally bound to pay rent for the full lease term, whether or not they continue to live in the rental unit—with some exceptions.
The easiest way to break a lease is with the approval of the landlord. It can be as simple as asking them to allow the early termination of the lease. The landlord and the tenant can agree for a replacement renter to take over the lease, or they can agree to a settlement amount that will be less expensive than the balance of the lease amount. This is an uncommon occurrence, and the tenant will likely have to look elsewhere for an affordable way to break the lease.
Many leases automatically convert to a month-to-month status after their initial terms have been completed. The terms and conditions remain the same except for the length of the lease. Whether they state these terms or whether the landlord continues to collect the rent after the lease expires, they have legally been converted to a month-to-month lease and can be legally terminated with a 30-day notice to the landlord. Other technicalities that can prematurely terminate a lease are blank lease ending dates or illegal clauses that designate that security deposits are non-refundable. When none of these lease-breaking methods are available, a tenant must look for other legal reasons to terminate the lease.
Your first step should always be to communicate your requests to the landlord. This can be done via phone call, email, or text. If your landlord ignores your requests, you should send written legal notice drafted by an attorney. This written notice is often enough to get your landlord to respond. It also serves a as a necessary form of proof if the dispute ultimately turns into a legal battle.
Tenant’s Clinic and tenantsclinic.com offers affordable, unbundled legal services to tenants who may be having their rights violated by landlords. All of our documents are reviewed by experienced tenant legal representatives and are prepared in accordance with all applicable Florida statutes and Florida Court Rules.
