Re: Can a tenant break a lease after fire? - Landlord Forum thread 191471

Re: Can a tenant break a lease after fire? by Anonymous (FL) on November 12, 2009 @18:33

This could be tough. If they really don't want to move back in, they should consult a lawyer. Here is a fl statue about damage to a place. Problem with it is that it is written that if tenant has to leave premises they can terminate lease, then leave immediately. Of course this is assuming the girls were not responsible for causing the fire either by neglect or on purpose. If they were responsible in any way then they absolutely must honor the lease. The problem I see with it is that they left without anything being said about terminating lease or not wanting to come back after damages are repaired. So it would have been assumed by the girls and landlord that the leave was temporary. The way it is written, they wouldn't be able to refuse to honor the lease now that the repairs have been made.

83.63 Casualty damage.--If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant's liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3) [F.S. 1973].

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