View Full Version : What happens if a tenant breaks a lease in Miami?
hebaa
Dec 15, 2010, 01:44 PM
I am a student and have to leave Miami because I changed my school to another state, but the landlord insists that I have to pay all the remains months. What should I do?
hebaa
Dec 15, 2010, 02:08 PM
As I said before I'm a student living in an apartment in Miami for 7 months, but I have to break the lease because I changed my school the contract last for one year.However the landlord forcing me to pay the remains months but he already kept the deposit.
Please What should I do?
tazimorandi
Jan 10, 2011, 11:31 PM
In Colorado, you technically are responsible for the remaining 5 months. He has the right to keep the security deposit to make up for any damages or defiency in the rent. If the landlord is a corporation, he probably will go after you if they have attorneys on consignment. Otherwise, if it is a private landlord, chances are he will do nothing except keep your security deposit.
Next time when signing a lease, make them put a clause if relocation may be possible during the term of the lease either because of changing schools or job relocating, that it releases you of the obilgation.
excon
Jan 11, 2011, 07:11 AM
Hello h:
You are, of course, responsible for the rest of your lease... In Colorado, as in EVERY other state, the landlord is required to MITIGATE your damages... That means he MUST try to re-rent the apartment as soon as he possibly can in order to save you money...
In Florida, that isn't a requirement... Your landlord can just sit back and collect rent from you on your empty apartment... There's actually NOTHING you can do about it.
excon
PS> (edited) Actually, there IS one thing you can do... Depending on how long you have remaining on your lease, you can make an offer of cash to your landlord instead of him having to sue you. I'd offer TWO months rent in exchange for him leaving you alone.. If he goes for it, get it in writing.
ScottGem
Jan 11, 2011, 07:29 AM
I merged your threads, please don't stater multiple threads for the same question. If you need to add more info use the Answer options to add another post.
We need to know the time frame here. Have you actually moved out? Did you give notice to the landlord that you were vacating?
The landlord cannot keep the deposit until you have vacated. And then he has to give you a statement of how the deposit was used. On the other hand, since you can't, legally, break the lease, the lease isn't over so he can't keep the deposit yet. He also can't require you to pay all 5 months until the expiration of the lease. He can, however, require that you continue to pay the rental.
As noted Fl is the only state that doesn't require the landlord to make a good faith effort to re rent. So he can just sit on the property then sue you when the lease expires for the 5 months rental.
So your choices are as follows:
1) Negotiate a buyout. Generally you offer 2 months rental to get out of the lease.
2) Sublet. If the lease allows, find someone to sublet.
3) Find a new tenant- Find someone to take over the lease.