PROPERTY MANAGER’S CORNER

1. The question then remains, what will a judge say in court? The medical lease break Florida law does not allow a tenant to break a lease due to a medical condition, either preexisting or new, although you may want to allow the tenant to break the lease without penalty in certain circumstances.
2. Anticipatory breaches If a tenant anticipates prior to lease signing that they may have to terminate their lease early due to a medical condition, wording can be placed in the lease dealing with the terms and conditions of what will be a mutual termination of the lease.
3. If you were to decide to take the case to Small Claims Court, many judges would probably rule that due to the impossibility of the tenant to perform the lease obligations, through the judge’s equitable powers, the tenant will be allowed to break the lease without penalty.
4. Keep in mind that a short statement like “Tenant may terminate the lease early if they must go to an assisted care facility” is not specific enough, as it does not deal with monetary issues, notice issues and is open to interpretation.
5. Every landlord will eventually experience the situation in which the tenant wishes to break a lease due to a family, medical or work issue.
6. The mutual termination of lease In the event the landlord and tenant agree on a mutual termination of the lease, all terms and conditions should be memorialized in writing and signed by all parties.
7. That might mean agreeing to let them transfer to a first floor unit when one becomes available, but it does not mean the tenant can escape the lease obligations altogether.
8. Should you allow her to break the lease without penalty? The law requires that you make a “reasonable accommodation” for the tenant.

Source: Florida Realtors