Can I Be Released from My Lease Due to Safety Concerns?

Kaylin M.M. Bosque, Esq.

Sep 20

2 min read

Updated: Sep 21

QUESTION:

I am seeking information about my rights and options for being released from a residential lease. I have asked my landlord several times to sign a lease-release agreement, but I have not received a response.

My financial circumstances have changed significantly: I am currently unemployed, unable to keep up with my bills, and supporting three children. In addition, I am experiencing serious safety concerns involving a family member who has made threats of physical violence, including threats to come to my home and harm me. This person has also contacted or attempted to locate my children online and has made disparaging statements about me to them. I recently obtained a protective order.

Because of these safety and financial circumstances, I need to relocate. My landlord has stated that I cannot be released from the lease unless another tenant is found for the property and has indicated that additional payment may be required. The landlord has not provided a direct phone number, and my prior point of contact was a real-estate agent who is no longer involved with the property.

What rights or legal options may be available to me to terminate or be released from the lease under these circumstances?

ANSWER:

I am sorry you and your children are facing threats and financial stress. Your immediate safety comes first, so call 911 if there is an immediate danger and keep copies of the injunction, police reports, messages, and all communications with the landlord.

An injunction does not automatically terminate a private residential lease in Florida, so review the lease for an early-termination or domestic-violence provision and send the landlord a clear written request (by email and certified mail to the notice address in the lease) asking for a mutual written termination or release based on the documented safety situation.

You should promptly contact a local legal-aid organization, tenant-rights organization, or a Florida landlord-tenant attorney; a domestic-violence center may also be able to help with safety planning and housing resources.

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