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Can a Tenant Break a Lease for a Job Transfer? | Evict.com

Can a Tenant Break a Lease for a Job Transfer?

The quick answer is NO. There is absolutely nothing in Florida law that allows a tenant to break a lease due to a job transfer — unless you put it in writing first.

The quick answer is NO. There is absolutely nothing in Florida law that allows a tenant to break a lease due to a job transfer. Can the landlord and tenant agree and place a job transfer clause in the lease or create an addendum at a later time? Yes, but this clause should clearly state how, when and under exactly what circumstances the tenant may break the lease. This will include notice requirements, distance requirements of the job transfer and all other elements of the agreement. Always avoid verbal agreements when a tenant asks to break a lease due to a job transfer.

The Rule of Thumb

If you want to offer the courtesy of an early-out for relocation, do it in writing. Spell out the minimum residency, the minimum commute distance, the notice period, the documentation required from the employer, and how rent is handled for the final month. Anything verbal is an invitation to a dispute later.

Sample Job Transfer Addendum Wording

The following is sample wording only. Have your attorney review and tailor any addendum before you use it on a property.

Sample Job Transfer Addendum

Job Transfer Addendum

This addendum agreement, made this _____ day of ________________ 20__, is agreed to and shall bind the TENANT and LANDLORD, its heirs, estate, or legally appointed representatives. TENANT as herein used shall include all persons to whom this property is leased.

PROPERTY ADDRESS: ________________________________

ALL PROVISIONS OF THE LEASE AGREEMENT SHALL APPLY UNLESS IN CONFLICT WITH THIS ADDENDUM IN WHICH CASE THIS ADDENDUM SHALL APPLY.

After residing on the premises for no less than ___________ months, current in all rent amounts due under the terms of the lease, TENANT may terminate this lease if not in any default and if a job relocation requires a commute of more than _________ miles from the TENANT'S present job location. TENANT must give at least _____ days notice to LANDLORD by certified mail of date of vacating and TENANT must vacate as of the end of a month with no proration of rent for the month of vacating. TENANT must provide to LANDLORD at the time of notice, proof of job relocation acceptable to OWNER or AGENT FOR OWNER and start date, and this must be signed by an officer of the company requiring the relocation.

(Area for signatures of Owner or Agent for Owner and Tenants)

Need a Job Transfer Addendum Reviewed?

Since 1989, the Law Offices of Heist, Weisse & Wolk, PLLC has represented investors, landlords, property managers, and apartment managers throughout Florida. We can tailor an addendum that protects you while giving residents a clear path for a legitimate relocation.

Contact Us at info@evict.com