What should a Landlord do if a Tenant Terminates their lease early

A Tenant pays rent until their lease terminates.   However, circumstances can change that will cause them to end their lease.  Fortunately, the 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

  1. Take Possession and terminate any additional liability of the Tenant.  This only occurs if the they will be using the property to live.
  2. Retake Possession and rent it to a new Tenant.  The Landlord is required to mitigate their damages and take reasonable efforts to procure a new Tenant.
  3. Not take any action.  In other words, they allow the lease to continue without renting it out to a new Tenant.  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.
  4. 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 a two months’ rent penalty.

The Liquidated Damages clause is not in every lease.   Therefore, it is important that they make sure that it provides for this type of remedy.  However, there is no guarantee that they will be able to recover the amount owed.    In other words, if a Tenant vacates without providing a forwarding address, they may never be able to file an action against them for the past due rent.  While it may appear to be favorable, without being able to serve the Tenant that vacated, 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.