The Need for Statutory Change to the Right to Terminate Residential Leases

Florida’s LL/TE Act covers how landlords can end leases, but it doesn’t say what tenants can do if their landlord won’t renew their lease. There have been cases where landlords won’t renew leases even when tenants follow all the rules and pay rent on time. For example, in one case, a tenant who had lived in their apartment for 16 years and had been a good tenant was not allowed to renew their lease, even though there were empty apartments in the complex. The tenant even offered to pay more rent, but the landlord still wouldn’t renew the lease. Florida’s landlord-tenant laws are based on old English common law, which has evolved over time. Initially, American courts struggled to adapt to social changes, but in the 1960s, there was a shift towards basing landlord-tenant transactions on contract theory. However, Florida did not fully adopt this approach. Currently, landlords in Florida can choose not to renew a lease without providing a reason, causing uncertainty for tenants. This goes against the idea of fairness in modern society. The common law rules are meant to protect against unfair actions, like landlords not renewing leases for no good reason. Historically, nonrenewal of leases was allowed in certain situations, like if the property was being sold or used for something else. But now, landlords are not renewing leases for tenants who are following the rules and paying rent on time. This is causing a lot of problems for tenants, especially because there aren’t enough rental properties in Florida. The law doesn’t require landlords to keep good tenants, so they can just choose not to renew leases without a good reason. Tenants only have limited protection under the law if they think the nonrenewal is unfair. Tenants in Florida can challenge being kicked out of their rental home if they complain about problems, join a tenant group, or are in the military. But most leases in Florida don’t let tenants renew, so they only have 30 to 60 days to find a new place to live. This can be really hard for people with special circumstances, like health issues or kids in school. The law should require landlords to be fair and reasonable, but unfortunately it doesn’t always work that way. The author thinks Florida should make a law to protect renters from suddenly losing their leases. They suggest giving renters at least six months’ notice or letting them renew their lease once. Some people worry this law would break a rule about leases lasting too long, but the author argues it wouldn’t. They also say landlords wouldn’t have to pay for moving if they let their renters renew just once. Overall, the author thinks this law would only help renters who really want to stay in their homes. Tenants in Florida can be forced to move with short notice if their lease is not renewed, but they don’t have much protection. Landlords can charge tenants who leave early and take away any rent discounts they gave. This can be tough for tenants, especially those with low incomes. Other states have made laws to help with this, but Florida hasn’t done much yet. Rhode Island requires landlords to give tenants at least three months’ notice before ending a lease. Other states are also trying to prevent surprise lease terminations. Many people in Central Florida think the laws should be changed to protect tenants from unfair lease nonrenewals. Landlords and tenants often have conflicting interests, and tenants can suffer if they’re forced to move out with short notice. The law in Florida needs to be changed to make it fairer for tenants. Changes in the law that make things fair for both landlords and tenants could actually help both parties. A tenant who knows their rights and feels secure in their home will take better care of the property and report any problems to the landlord. This could make the property safer and more valuable for the landlord. So, giving tenants more rights when it comes to renewing their lease could actually be a good thing for landlords too. The law in Florida that outlines the rights and responsibilities of landlords and tenants is called the Residential Landlord and Tenant Act. It includes rules about things like evictions and lease agreements. It’s based on laws from England and also takes into account the Constitution and laws of the United States. There have been some cases where landlords have unfairly evicted tenants or not allowed them to transfer their lease to someone else. There are also ongoing discussions about changing the law to give tenants more notice before they are evicted.

Source: https://www.floridabar.org/the-florida-bar-journal/the-need-for-statutory-change-to-the-right-to-terminate-residential-leases/