State Specific Question About: FLORIDA (FL)

Just to jump in before others respond... Please note that THIS is one of those "may be very state specific" situations. So, be sure to get input from Florida people especially.

In MY state, a very specific domestic violence law applies to rentals (and it must be included in the lease or posted in a public office if you have one). It would allow the lease to be terminated early without penalty in some cases.

So, just wanted to warn you before you get a lot of replies that may or may not apply to your state.

That being said, do you have any more info? Is she still in the unit? Have you spoken with her about her plans? Does she WANT to stay? Is he still in jail or already release? Does she WANT him to come back? Will there be an order against him not allowing him back? LOTS of questions are going to matter -- and some will affect what sort of responsibility or legal obligation you have here.

- John...

The ability of a tenant to terminate a lease because of domestic violence is not solely dependent on local state laws. Judges have been recognizing that for years before the recent addition of codes allowing tenants to escape the violence.

The landlord is responsible for providing a safe environment for the tenants. Domestic violence has received increased attention in recent years, and the general perception among judges everywhere is that a tenant cannot be expected to pay rent for an unsafe place to live, or premises which are otherwise uninhabitable. Almost all states by now recognize the relationship between uninhabitability and payment of rent under a lease.

I agree, it's very state-specific. TX is another state that allows an individual to break the lease without penalty in situations involving domestic violence.

Let them work it out between them.

I had a couple who had moved in to the garage apartment across the street from me. He had sustained significant injury and was not allowed to work during recovery and was self-medicating with beer. She was blowing through money like nobody's business, and had already left him at least three times in the nine months they'd been my tenants. I had let them move from an expensive 3-bedroom to a cheap 1-bedroom to help them get on their feet.

That morning, she came by to ask me, "If he ever leaves, can I stay?" I'm thinking of some long-term hypothetical situation where he wants to move back into an ordinary sfh, but she's okay with the humble abode. So I say, "Sure, no problem."

That night, she triggers a fight with him because she's trying to sell their only car, and she needs his signature to transfer the title. Then she calls the police and tries to have him removed from the premises because he'd raised his hand to her (after she threw stuff at him)-- but they can't, because he's on the lease and has as much right to be there as she does. She ends up going to live with her adult kids; he signs the title over to her the next day; he, of course, never sees a penny of the money.

John,

Are you asking about what your legal responsibility is NOW, after husband has been arrested?

If the wife wants to leave, I would recommend letting her go, without even checking FL law. Even if there is no code authorizing early termination for violence, I think that you will fare poorly in court.

You may not be able to obtain a Police report, since you are not a party to the incident, and there are no orders from a court. That one is local-law dependent.

Basically, you are not involved in the incident, except to the extent that the premises need to support whatever need the tenant(s) may have. If the premises are unsafe for the wife, she may need to leave. You probably cannot exclude the husband from the premises, since he is still a tenant. Why don't you talk to the wife and find out if she requires anything from you?

Moshe: Based on her reaction to the incident (refusing treatment and protesting that he was arrested), I doubt that she wants to leave at this point.

She's going to want this all to blow over, for the abuser to come right back home, and for life to go on exactly as it was.

While I agree with your advice if she WANTS to leave, that seems unlikely at this point based on how she is reacting so far (unfortunately).

- John...

Montse: Unless and until you are asked to get involved, your responsibility is to keep out of it. Unless the domestic violence somehow involves you -- such as you are the perpetrator or victim, or your property is being damaged -- mind your own business!

Depending on state law, the victim might have the right to terminate his or her tenancy without penalty. Check your state laws as to the requirements. But you do nothing at this point except check your laws.

You might have the right (not the responsibility) to terminate the lease for the violence, if that constitutes a nuisance, an interference with the rights of other residents to quiet enjoyment.

Me, I would do nothing. I would worry "what if she wants to change the locks and lock him out?" [I'd tell her to get a restraining order against him, because otherwise I would have to provide him with the new keys.] I would worry if she could afford the rent without him. I would worry about punch holes in the walls and doors. But I would do nothing until one of the tenants initiates communications with me.

Florida does not have a state statute extending special protections to tenants who are victims of domestic violence.

Do you have a quiet enjoyment clause in your lease. If so tenants (both) broke the quiet enjoyment of other tenants. Possibly a written warning.

Also if you have a crime free addendum the tenant committed a crime on your property.

While we're talking about what laws Florida does and does not have, it should be noted that Florida actually has no "quiet enjoyment" statutes either. There could be something in the lease, but it would likely be tricky since the state doesn't define it.

Also, from a legal standpoint, "quiet enjoyment" usually refers to the right of the tenant to the undisturbed use and enjoyment of the rental -- without interference from the LANDLORD.

I'm not sure "quiet enjoyment" can be violated by one tenant against other tenants in the same building simply because of noise. It seems that way if you just look at the words "quiet enjoyment", of course, but that is usually not the same as the legal definition where it is normally a covenant between the tenant and LL only.

- John...

I was able to call the county sheriff's office, in our Florida County, and get verbal info on how many times they had been out to a house. I then requested written reports, and received them.

I would suggest you do the same. There may be a pattern of calls to this home or to their previous home.

My family members (and co-owners) and I went back and forth about keeping them or kicking them out. They were still on a year lease at that point. She married the guy a month after she moved in and I didn't know for about six months.