My tenant wants to break their two-year lease early (it’s supposed to end August 2025). The lease does mention an early termination penalty but doesn’t go into specifics. I’m in Florida, and I’d like to know how much notice they should give and if I can ask for a termination penalty. Anyone here dealt with this before?
If your lease doesn’t specify the notice period, Florida law usually considers 30 days as ‘reasonable’ notice for early termination. You might want to double-check if that’s what’s expected.
Shawn said:
If your lease doesn’t specify the notice period, Florida law usually considers 30 days as ‘reasonable’ notice for early termination. You might want to double-check if that’s what’s expected.
Thanks for that! And do you know if I’m within my rights to ask for an early termination penalty?
Shawn said:
If your lease doesn’t specify the notice period, Florida law usually considers 30 days as ‘reasonable’ notice for early termination. You might want to double-check if that’s what’s expected.
Yep, if the lease mentions a penalty for early termination, you should be able to request it, especially if it’s related to your losses from them leaving early.
I’m in Florida too! You can try asking for compensation based on what you’d lose if they break the lease. Just make sure it’s reasonable, or it might not hold up if they challenge it.
Corey said:
I’m in Florida too! You can try asking for compensation based on what you’d lose if they break the lease. Just make sure it’s reasonable, or it might not hold up if they challenge it.
That makes sense. I want to be fair about it. They did mention their company would cover the penalty if it’s clear in the contract.
Corey said:
I’m in Florida too! You can try asking for compensation based on what you’d lose if they break the lease. Just make sure it’s reasonable, or it might not hold up if they challenge it.
Nice! If their company is willing to cover it, you should definitely document everything clearly and maybe get any agreement in writing.
If the lease has a ‘default’ clause, you could interpret that to mean they’re responsible for any lost rent, but remember, you’re also required to make an effort to re-rent the place. It’s called mitigating damages.
@Niko
Good to know about the mitigation part. I guess I’d need to show that I’m actively looking for a new tenant?
@Niko
Exactly. Keeping records of your re-renting efforts can help if there’s ever a dispute over it. Just be transparent with them!
If you end up in court, they usually expect any penalties to be reasonable, so maybe base it on the time left on the lease. You can charge for the time it takes to re-rent, minus any new rent coming in.
@Teal
I want to keep things fair, so that’s actually a good way to calculate it. Thanks!
I’ve seen leases that specify an exact termination fee, which makes it simpler. If your lease is vague, though, just be upfront with the tenant about how you’re calculating things.
Tyler said:
I’ve seen leases that specify an exact termination fee, which makes it simpler. If your lease is vague, though, just be upfront with the tenant about how you’re calculating things.
Yeah, I’m realizing the lack of specifics in this lease is making it tougher. I’ll definitely keep it clearer next time.
Tyler said:
I’ve seen leases that specify an exact termination fee, which makes it simpler. If your lease is vague, though, just be upfront with the tenant about how you’re calculating things.
For sure! It’s a learning experience. At least you know now to add specifics if this happens again.