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Florida Statutes 83.682 - Termination of rental agreement by a servicemember

Florida Statutes > Chapter 83 > Part II > 83.682


Current as of: 2012
   (1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:
   (a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;
   (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty;
   (c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty;
   (d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters;
   (e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or
   (f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises.
   (2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer.
   (3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember's commanding officer and a copy of the servicemember's death certificate.
   (4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.
   (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
Florida Statutes 83.681 - Orders to enjoin violations of this partPart II Table of Contentsnext section

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Comments (3)add comment
David S.: ...
I have a tenant that wants to use section (d) to break our contract. In the the contract we have a cluase for a fee of $200 dallors per month for every month left on the lease. Does this cluase void this fee?
1

May 06, 2012
Steven Daily: ...
This Florida statute overrides any conflicting provision in a lease. Once a lease is terminated by this statute, the tenant's obligation to pay a monthly fee would terminate as well.
2

May 07, 2012
Brad Nauert: ...
I rented a house and farm for a business to a service man who said he would be retiring in August of 2013. He still has two months left on the lease. He has already secured a new home and farm not far from our property. He owes us two months rent and has chosen to misrepresent his retirement to claim under 83.682 1) (C) that he is being sent back to his home in Alaska. Does he have the right to just not pay the last month and half?
3

July 19, 2013

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