Eric P. Feichthaler

Dear Mr. Feichthaler:

We sustained substantial damage to our home from Hurricane Ian, which required us to find alternate housing while our home is repaired. It was very hard to find, but we found a condominium not too far away. They required us to sign a 9 month lease, but we felt we had no choice since we had nowhere to live.

After being here for a month, construction crews are working around the condominium building daily, making a lot of noise and rendering our living situation unpleasant. Based on what we have been told, this disruption will continue for at least another month. We believe we can get back into our home in March, so we are thinking of cancelling the lease. Can we break the lease?

–Alexandra D.

Dear Alexandra,

As always, we first look to the language of your lease to see what options it provides to cancel. My expectation is that your lease will not provide for termination for the reasons provided, so we would then look to Florida Statutes to see if there is any relief. Unfortunately, the law provides for cancellation in very specific circumstances, namely entry in active service in the military, and where the property is uninhabitable. For instance, if there was no water service to the property, this would be a justification to terminate the lease. The noise during the day, although obviously disruptive, would not typically serve as a justification to cancel a lease.

The first step I would take would be to address your concerns with the landlord. If you truly want to end the lease, he may have another potential tenant, especially with the upcoming season. There may need to be a negotiation to resolve this. The statute gives the landlord the option to require you to pay the lease through to the end, and he or she is under no obligation to re-rent the premises. If you are unable to work out a settlement with the landlord, you may wish to turn your attention to making your living arrangements as comfortable as possible, avoiding being home during noisy times, or even wear headphones to block noise if it is that bad. Hopefully, the work will be done quickly and you can get back to a peaceful living environment.

Eric P. Feichthaler has lived in Cape Coral for over 35 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 the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

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.