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    hmh01's Avatar
    hmh01 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 2, 2007, 02:00 PM
    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? :confused:
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #2

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

    There is usually a clause in a lease stating what would happen if the lease is broken.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Oct 2, 2007, 02:33 PM
    Most leases can't be broken, that's 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.
    SharonfromHoboken's Avatar
    SharonfromHoboken Posts: 14, Reputation: 7
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    #4

    Oct 5, 2007, 09:27 PM
    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?!:confused:
    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.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
    Ultra Member
     
    #5

    Oct 5, 2007, 09:28 PM
    Why not try putting an ad to sublease the apartment yourself. Maybe you can find a new tenant yourself and avoid paying penalty fees.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Oct 5, 2007, 09:38 PM
    What you are really wanting to know is how can you move and not cost you a lot 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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #7

    Oct 6, 2007, 05:42 AM
    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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