Tenant’s lease should include stipulations for early termination
Question: I leased a condominium I own in Cape Coral, which included an up-front payment of the entire rent for the year. I also collected a security deposit of $1,000. The lease allowed the tenant to break the lease if her job forced her to move out of the area. The tenant then cancelled the lease just one month in, but her reason was she found a better condominium in the same complex. Now that season is over, it may be hard to lease this again. I don’t feel I should return any money. What do you think, Mr. Feichthaler?
Answer: To give specific advice, the lease would need to be reviewed, as well as the correspondence between you and the tenant. Generally speaking, the lease will discuss items concerning early termination. First, regardless of the breach of lease, the security deposit may need to be returned within a short period of time, or notice must be provided to the tenant that some or all will be withheld. The tenant’s ability to terminate the lease will largely be governed by the exact wording of the lease. Additionally, you are obligated to make a commercially reasonable effort to re-lease the premises to mitigate damages. If you did not, or you re-leased the property, you may not be entitled to retain a portion of the lease monies paid.
In civil actions relating to leases, the prevailing party in court can be entitled to attorneys’ fees being paid by the losing party. If you can work out an agreement with the tenant, all parties may benefit from saving the cost and stress of litigation. Even if the tenant had no legal justification to cancel the lease, many factors need to be considered to determine what you are entitled to.
Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.