Florida Agreed Termination of Lease and Surrender of Premises
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FAQ
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
If you want to leave you must all agree to end the tenancy and can end it if you do both of the following:Agree with the landlord to surrender it.Give the required notice if there's a break clause.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
In most instances, breaking lease agreements usually requires the tenants to pay about 2 to 3 months' rent or forfeit their security deposit. You can negotiate the termination fees with the landlord with the intention to have him/her reduce the fees and return your deposit.
In Florida, landlords only have to give tenants 15 days' notice to terminate the lease. Ending a month-to-month lease in Florida is a lot simpler than ending a year-long leaselandlords and tenants can terminate their agreement at any time, as long as they give a minimum of 15 days' written notice.
Under the updated Florida Statutes 83.595, the landlord can execute a condition in the lease to provide an early termination offer to the tenant. The amount should be limited to two months of the required rent. Additionally, the tenant must send in a 60-day notice.
When the tenancy is month-to-month, the tenant must give the landlord 15 days' notice before the end of any monthly period. (In Miami, the tenant must give the landlord 30 days' notice before the end of the monthly period).
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
