In short: In Lieber v. Miller (3d DCA, Mar. 1, 2017), landlords appealed after a trial court denied them unpaid rent from a tenant who left early. According to the argument, they had listed the unit well above the old rent and turned down a tenant at the original rate. The Third DCA affirmed without opinion, so the ruling against the landlords stood.
What the Record and Arguments Showed
The appellants were Kenneth Lieber and others; the appellee was Alma Miller. The case came from Miami-Dade Circuit Court.
According to the video description and argument, the tenant paid $10,000 a month for a luxury condo and gave notice she would leave with three months left on the lease.
The landlords retook the unit, listed it at $14,000, rejected a $10,000-a-month one-year offer without countering, and eventually re-rented at $11,000.
The trial court found the landlords did not try in good faith to relet and denied the unpaid rent. These facts come from the argument; the appellate decision itself is one word.
The Decision
The Third District Court of Appeal affirmed with a one-word per curiam opinion (Case No. 3D16-964, March 1, 2017; Judges Lagoa, Salter and Emas).
A PCA means the court found no reversible error but gave no reasons. It sets no precedent and cannot be cited as authority.
The Law
Section 83.595 gives a residential landlord options when a tenant leaves early: (1) terminate and retake possession for the landlord’s own account, ending the tenant’s liability; (2) retake possession for the tenant’s account and recover the rent shortfall, which requires good-faith efforts to relet; (3) stand by and collect rent as it comes due; or (4) a liquidated-damages or early-termination fee of up to two months’ rent if agreed in the lease.
Good faith under § 83.595(2) means at least the same efforts used for the original rental or for similar units. Who bears the burden of proving mitigation is not settled by this PCA.
Lessons
- Landlords who retake a unit for the tenant’s account must price and market it reasonably. Holding out for a big increase can forfeit the rent claim.
- Document listing price, showings, offers received and why any were rejected.
- Tenants leaving early should give written notice and keep evidence of what the landlord did with the unit.
- Consider an early-termination clause under § 83.595(4) to avoid these disputes.
Source: Decision, Lieber v. Miller, No. 3D16-964 (Fla. 3d DCA Mar. 1, 2017) (per curiam affirmed)
Watch the Oral Argument
This is the recording of the oral argument. Because the decision is a PCA, the facts and arguments are context, not the court’s reasoning. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Tenant Left Early, Landlord Held Out for $14K: Duty to Mitigate? | Lieber v. Miller, 3D16-0964
Go Deeper
- Five Days, Not Fifteen: The Eviction Rehearing Trap (Fisher v. Housing Authority of Key West)
- Splitting Rent Between the Bank and the Condo: No Fee Deduction (Ocean Bank v. 107 Avenue)
- Does a Recorded Memorandum of Sublease Protect a Lis Pendens? (JHMB v. Charles Bernard)
Frequently Asked Questions
Does a Florida landlord have to mitigate damages if a tenant leaves early?
If the landlord retakes possession for the tenant’s account under § 83.595(2), it must make good-faith efforts to relet to recover the shortfall.
What are a landlord’s options when a tenant breaks a lease in Florida?
Terminate and retake for its own account, retake for the tenant’s account, stand by and collect rent, or enforce an agreed early-termination fee under § 83.595.
Can a landlord raise the rent when reletting?
It can try, but pricing far above market and rejecting reasonable offers can undercut a claim for the shortfall.
What does a PCA mean?
The appellate court affirmed without explanation; it sets no precedent.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
