Thoughts on declining the 2-month lease termination fee under Florida Statute 83.595
I'm in the process of renewing my apartment lease, and the renewal includes the option to either accept or decline a lease termination remedy under Florida Statute 83.595. My understanding is that if I accept, then I would need to pay a flat fee equal to two months' rent to break my lease later.
I'm not planning to break my lease, but I didn't notice this option when I signed my lease last year. So I want to better understand this time the advantages or disadvantages to accepting the statutory termination fee. From what I've read, if I decline, the landlord would instead have to pursue the remedies otherwise available under the statue. For reference, the other remedies available to landlords are (from Google):
- Terminate the Agreement: The landlord takes the property back for their own account. This terminates the lease and relieves the tenant of any further liability for future rent.
- Retake for the Tenant's Account: The landlord takes possession of the unit but acts to re-let it on the tenant's behalf. The tenant remains responsible for the difference between the agreed-upon rent and what the landlord is able to recover from a new renter. The landlord must act in good faith to find a new tenant.
- Do Nothing: The landlord takes no action to re-let the property and allows the rent to accrue. The landlord can then sue the tenant for rent as it becomes due. (Note: If the landlord chooses this option, they cannot re-let the unit or occupy it themselves).
Has anyone here chosen not to accept the two-month termination fee? If so, did it end up benefiting you in any way?
Thanks for any input!