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Florida Real-Estate/Rental Laws?

On November 17, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law

I was in an abusive relationship, but do not have documentation to prove it. I have moved out of the apartment I shared with my husband. Both our names were on the lease. I have been told there is a law to protect abused men/women that allows one party to sign off the lease without the other persons consent. Is this true?

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2 Responses to “Florida Real-Estate/Rental Laws?”

  1. acermill said:

    Feb 02, 09 at 4:33 pm

    Not true at all. There ARE assorted protections in FL and many other states for victims of domestic abuse, but I’ve heard of none which allow you to vacate a signed lease.

    Furthermore, you would need the agreement of the landlord to vacate the lease. A contract such as a lease is between two or more parties. Even if the husband is unaware, the landlord may not agree to allow you to vacate the lease.

    Check with a domestic violence center for further information.

  2. PelMel said:

    Feb 02, 09 at 4:45 pm

    If you need your husband removed because he is abusive, try to get an Order of Protection from the courts. If you need to leave your place, ask your landlord to end your lease, pay your landlord what you owe, and notify your husband that you are leaving. There are laws that support this, but I can’t find them specifically for Florida.

    Think about calling the Florida Violence hotline at 1-800-500-1119. They’ll be able to help you get out and be safe. Good luck.

    update:
    "…several states, including Oregon, Washington, Colorado, North Carolina and Texas, have recognized an exception to this rule and have given domestic violence victims an early termination right. Tenants who participate in federal Section 8 and public housing programs also have this right, under the Violence Against Women Act of 1994. These laws typically include some safeguards for landlords, such as requiring tenants to verify their status as domestic violence victims (by providing a copy of a police report or restraining order, for example), insisting that tenants submit their requests in writing (sometimes within a specified time after the reported violence), and specifying that remaining tenants on the lease are still bound by its terms.

    Landlords whose states have not passed early termination laws for domestic violence victims shouldn’t automatically conclude that they have no reason to accommodate a request from a tenant in this situation. If the landlord knows (or should realize, given the circumstances) that the tenant is in danger, in most states the landlord must take reasonable steps to protect this tenant from harm. A reasonable step would include letting the tenant move away and excusing her from any future responsibility for rent (as you note, without this forgiveness, in practical terms the tenant simply can’t move). If the landlord refuses to take reasonable steps, and the tenant is injured in another incident of violence, the landlord could end up at least partially legally responsible."

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