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Home > Law > Real Estate Law   »   How can i break a rental lease that "cannot" be broken?

 
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Old Oct 2, 2007, 02:00 PM
hmh01
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How can i break a rental lease that "cannot" be broken?

I have a Florida rental lease that isn't up until July of 2008 (one year lease) The leasing agent said it COULD NOT be broken. I need to break my lease due to a family crisis back home in NC. I need to move back to NC ASAP. Anyone know anything about this?!

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Old Oct 2, 2007, 02:03 PM   #2  
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What does your lease say?

There is usually a clause in a lease stating what would happen if the lease is broken.
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Old Oct 2, 2007, 02:33 PM   #3  
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Most leases can't be broken, thats why landlords have you sign them. You have a hardship and should discuss this with the LL. You are legally responsible for the entire rent untila sutitible replacement tenant moves in plus advertising costs. The LL may offer you a buy out but no matter what it is going to cost you.
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Old Oct 5, 2007, 09:27 PM   #4  
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Quote:
Originally Posted by hmh01
I have a Florida rental lease that isn't up until July of 2008 (one year lease) The leasing agent said it COULD NOT be broken. I need to break my lease due to a family crisis back home in NC. I need to move back to NC ASAP. Anyone know anything about this?!
No one can force you to continue to live there, and there is no such things as a lease that "can't" be broken.

The real issue is what will it cost if you do break the lease. Florida currently limits landlords to actual damages, meaning the rent and advertising etc until a new tenant is found. Or your lease could specify the penalty. As long as the penalty is not contrary to law, you may be stuck with whatever that may be.

Get your lease and make an appointment with a landlord/tenant lawyer and see what options are available to you, and what each one will cost.

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excon agrees: here's a greenie anyway, Sharon. But Florida is ONE state that does NOT require the landlord to mitigate.
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Old Oct 5, 2007, 09:28 PM   #5  
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Why not try putting an ad to sublease the apartment yourself. Maybe you can find a new tenant youself and avoid paying penalty fees.
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Old Oct 5, 2007, 09:38 PM   #6  
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What you are really wanting to know is how can you move and not cost you alot of money. OF course you can "break" the lease, you just move, and it is broken, you broke it, But you will then have to pay all the costs and penalty for doing that
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Old Oct 6, 2007, 05:42 AM   #7  
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Hello hm:

It can't be broken because Florida allows landlords to collect rent for the entire lease term whether somebody lives there or not. He can just kick back on his porch and get paid..... No, it's not fair. And yes, Florida is the only state that does that.

If you can negotiate your way out for a few months rent, I would. From a landlord’s perspective, cash in hand is better than a long distance lawsuit.

excon

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ballengerb1 agrees: good call re: a bad FL law
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