A Tenant pays rent until their lease terminates. However, circumstances can change that will cause them to leave before it ends. Fortunately, a Landlord’s Options if a Tenant Vacates the Lease Early are stated in Florida Statute. If you have a Tenant that has left but still owes rent, contact the Law Office of Brian P. Kowal, PA.
Options if a Tenant breaches the Lease and Vacates
- Take Possession and terminate any additional liability of the Tenant. This occurs if they will be using the property to live.
- Retake Possession and rent it to a new Tenant. Mitigate their damages and take efforts to rent the property. While there is no guarantee that they will be able to find a Tenant immediately, they must show that they are actively looking.
- Not take any action. In other words, allow the lease to continue without renting it. As a result, the Tenant that vacated will be responsible for the remaining months. While they cannot file an Eviction, they can file an action for damages.
- Charge Liquidated Damages or an early termination fee as agreed to in the lease. The amount does not exceed two months’ rent. On the other hand, they can seek damages if they did not agree to the penalty.
The clause is not in every lease. Therefore, it is important that they make sure that it provides for this remedy. However, there are no guarantee that they will be able to recover. In other words, if they vacate without providing an address, they may never be able to file an action against them. While it may appear to be favorable, without being able to serve the Tenant, a Landlord may not be able to recover.
A Landlord’s Options if a Tenant vacates the lease early are stated in Florida Statute. If you need assistance or unsure about your rights, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
