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What are the tenant's obligations under a six-month lease in Florida?

What are the tenant's obligations under a six-month lease in Florida?

Q: Can I back out of a lease after signing?

Backing out of a lease after signing is generally not permitted unless there are specific legal grounds, such as a landlord's failure to comply with lease terms. In Florida, tenants must provide written notice to terminate the lease, and they may still owe rent for the lease duration unless otherwise agreed with the landlord.

Full question:

I have a tenant with a signed 6 month lease who has decided not to move in. Thay say they gave me verbal notice on May 10th and since they have given me first and security they want to give me 1 month's rent through July 10th. The rent was $1300 plus home owners association of $270 per month. They also gave me a $200 for a pet fee. So the checks are $1300 for the first months rent. $1300 security, one month home owner fee association fee, pet fee $200 for the 6 months. What does FL real estate law say? I can't find Par ll Chapter 83 of 475 that governs our real estate law and that is the section the lease refers to.

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Florida

Answer:

In Florida, if a tenant has signed a lease but decides not to move in, they may still be responsible for the terms of that lease. According to Fla. Stat. § 83.56, a tenant can terminate a rental agreement if the landlord fails to comply with essential provisions of the lease. However, in your case, the tenant is not claiming any noncompliance by you as the landlord.

Since the tenant provided verbal notice and wishes to pay one month's rent through July 10th, it’s important to clarify that verbal notices are generally not legally binding in Florida. Written notice is typically required for lease terminations. If the tenant does not move in, they may still owe rent for the duration of the lease unless you agree otherwise.

As for the payments made, the first month’s rent of $1,300, the security deposit of $1,300, the homeowner association fee of $270, and the $200 pet fee are all relevant. You should review the lease agreement for any specific clauses regarding early termination or non-move-in situations. If the tenant does not fulfill their lease obligations, you may retain the security deposit and other fees as permitted by law.

For further assistance, you may want to consult a local attorney who specializes in landlord-tenant law to ensure compliance with Florida statutes and to protect your rights as a landlord.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if a tenant did not move in after signing lease?

If a tenant does not move in after signing a lease, they may still be responsible for paying rent for the duration of the lease. In Florida, unless the lease specifies otherwise, the tenant is typically obligated to fulfill the terms of the lease, including paying rent. If they wish to terminate the lease, they must provide written notice, as verbal notices are generally not legally binding.

What is considered lease abandonment?

Lease abandonment occurs when a tenant leaves the rental property without notice and stops paying rent, indicating they do not intend to fulfill the lease terms. In Florida, a landlord may consider a lease abandoned if the tenant has been absent for a specified period, typically 15 days, and has not communicated their intent to return. However, landlords must follow legal procedures to reclaim the property.

Is a lease legally binding once signed?

Yes, a lease is legally binding once signed by both the landlord and the tenant. In Florida, this means that both parties are obligated to adhere to the terms outlined in the lease agreement. If either party fails to comply, the other may have legal grounds to seek remedies, including damages or eviction, depending on the circumstances.

Can I cancel a rental contract after signing?

Canceling a rental contract after signing can be complicated. In Florida, a tenant may be able to cancel a lease if the landlord has violated essential terms of the agreement. However, simply changing one's mind is generally not sufficient for cancellation. Written notice is typically required, and tenants may still be responsible for rent unless the landlord agrees to release them from the lease.