When I initially signed my apartment lease 6 months ago, I chose the option of an early termination fee equal to 2 months rent if I were to need to break my lease early. Looking back, I would rather have chosen the normal "give 30-day notice and pay to the end of my lease term or until the apartment is rerented." My landlord says that they cannot make any changes after the lease is signed initially or upon renewal. They say they would allow me to change my choice if they could, but FL law prevents it. Is that true?

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Originally Posted by SarahLee12

... They say they would allow me to change my choice if they could, but FL law prevents it. Is that true?

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Very doubtful. Generally, if both parties to a contract are in agreement they can always change that contract.

Yes it may be changed, esp at renewal, just give notice you will not renew current lease, but will agree to sign new lease at that time.

There is no FL law that prevents a landlord and tenant from modifying a lease, if both are in agreement. There is also no law that would compel one or the other from changing a lease if they aren't in agreement.

However, if I were you, I would stick with the early termination clause. FL law does not require a landlord to make a good faith effort to relet the unit. Therefore, they can sit on the unit and require that you continue to pay.

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Originally Posted by ScottGem

... However, if I were you, I would stick with the early termination clause. FL law does not require a landlord to make a good faith effort to relet the unit. Therefore, they can sit on the unit and require that you continue to pay.

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Maybe not. I suspect that the LL may already have a new tenant in the wings. That would explain the LL's lie that the law won't allow the modification from the 2-month's rent option to the standard "balance of lease payments-until re-let" option.

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Originally Posted by AK lawyer

Maybe not. I suspect that the LL may already have a new tenant in the wings. That would explain the LL's lie that the law won't allow the modification from the 2-month's rent option to the standard "balance of lease payments-until re-let" option.

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I don't know. I don't see any indication from the OP that she was planning on terminating the lease.

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Originally Posted by Fr_Chuck

Yes it may be changed, esp at renewal, just give notice you will not renew current lease, but will agree to sign new lease at that time.

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Thanks Chuck. My wording wasn't very clear. They say that the choice must only be made at lease signing, whether it is the first one or on renewal, so I can change it when I renew. Something about a decision by former Gov. Crist and liquidated damages...

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Originally Posted by SarahLee12

... Something about a decision by former Gov. Crist and liquidated damages...

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Unless it involves a lease from the State of Florida, or the Florida landlord-tenant act was amended by the legislature during his term, the governor would have had no involvement in liquidated damages for breach of a lease.