Cancelling Lease

[Florida Land Lord]

Jurisdiction

Florida

I am putting my house on the market and when the real estate agent walked the property with my tenants, she reported extensive termite damage... bad enough that all the floors will need to be replaced. I have a clause in my lease that I believe will let me end the lease to make the repairs. I've enclosed below. The damage is bad enough that it will soon deem the property uninhabitable unless it gets fixed. One section of the floor had to be cut out and wood had to be screwed above because the tenants foot went through the floor board.

" DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Florida Lease Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Florida Lease Agreement continue according to its terms"

 

[adjusterjack]

You're cruisin' for a bruisin' if you take ANY action based on what a real estate agent told you.

Step 1 - Get a reputable termite expert in to evaluate the damage, documented with photos and a written report.

Step 2 - Get a contractor in to write up the cost of repairs and tell you, in writing, whether the house needs to be vacated to accomplish the repairs.

Then, and only then, will you be in a position to decide on what to do about the tenant.

Another option is to wait until the lease expires, say bye bye to the tenant, and put the house up for sale "as is" at a low enough price to unload it without having to go through the hassle of dealing with the tenant and repairs.

 

[army judge]

I suggest you have a Florida attorney specializing in real estate review your lease agreement BEFORE you attempt to enforce the above provision.

I won't opine regarding the legality of the above lease provision.

I'll allow you to hear that from the Florida attorney.

 

[justblue]

Contract review is beyond the scope of this site. You should take the lease to a Real Estate Attorney for review.
The Florida Bar

If you want the tenant out you could offer a cash incentive to them. Offer $500.00/$1,000/$2000...whatever, and when they are fully moved by xx/xx/xxxx date they will get the cash as they hand over the keys.

 

[Florida Land Lord]

They do not want to leave, nor do they want to agree to higher rent and the lease expires Nov 2022. They were my friends who signed on for a 3 year lease and I'm currently paying almost $400 out of pocket each month but a clause in the lease states that we both have to agree for a rent increase, they will not agree. The lease also states that dogs are ok, they had 2... now they have 5 and do not want to move because they said they will never find a place that will take that many dogs and they are paying a good price. They pay $1200 but average rents are $2100. I was just trying to help out friends and I'm getting the shaft in the long run.

 

[justblue]

They do not want to leave, nor do they want to agree to higher rent and the lease expires Nov 2022. They were my friends who signed on for a 3 year lease and I'm currently paying almost $400 out of pocket each month but a clause in the lease states that we both have to agree for a rent increase, they will not agree. The lease also states that dogs are ok, they had 2... now they have 5 and do not want to move because they said they will never find a place that will take that many dogs and they are paying a good price. They pay $1200 but average rents are $2100. I was just trying to help out friends and I'm getting the shaft in the long run.

Take your lease to an attorney to be advised. You may (likely) get a low cost consultation through the Florida Bar.

I highly recommend that you never lease a property again without first consulting with a good RE Attorney.

 

[adjusterjack]

I was just trying to help out friends and I'm getting the shaft in the long run.

Now the truth comes out. You've dug yourself a deep hole and you are looking to trump up a legitimate reason to put them out.

With friends like them, you don't need enemies.

If you expect the termite damage to help get rid of the tenants you really are going to need experts to justify terminating the lease. And even that part is going to need the advice of an attorney.