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Re: Can a tenant break a lease after fire? - Landlord Forum thread 191469

Re: Can a tenant break a lease after fire? by OK-LL on November 12, 2009 @18:27

                              
You'll need to refer to your lease and FL law to determine that. Depending on the duration of the relocation and the extent of the damage, they may be able to return or maybe not.

For instance, my rental agreement says,

"1. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Tenant’s negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Landlord and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the rented premises may have been untenantable; but, if the rented premises should be damaged other than by Tenant’s negligence or willful act or that of his employee, family, agent, or visitor to the extent that Landlord shall decide not to rebuild or repair, the term of this rental agreement shall end and the rent shall be prorated up to the time of the damage."

This language means that after the temporary relocation of tenant to accomodate repairs, tenant is obligated to return to the rental for the remainder of her lease, unless the property is completely destroyed in which case the lease ends and excess rent is returned to tenant.

Read your lease and look for this type of language. If it is silent, you will will need to talk to an attorney or research online to see what the standard is in FL.

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