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-   -   Lease (https://www.askmehelpdesk.com/showthread.php?t=796778)

  • Jul 15, 2014, 09:02 AM
    TDAY1922
    Lease
    I have a lease for a home I am leasing in Florida. I am buying a home and am terminating the lease early. The only thing my lease has is "Early Move Out - must give 30 days notice", it does not specify anything about forfeiting last month or security or any other penalty for early move out, does that mean I can live out my last month since I have given him 45 days notice and get my security back?
  • Jul 15, 2014, 10:29 AM
    AK lawyer
    It's a good question.

    I guess I would have to look a the lease.

    Normally a lease means that you agree to pay monthly rent through the term of the lease. Therefore, it follows, that if you move out early you still owe the monthly rent, until the LL gets a new tenant. Note that in Florida the LL doesn't even have to look for a new tenant, so beware.
  • Jul 15, 2014, 11:25 AM
    ScottGem
    I agree with AK. First, many leases are boiler plate and probably contradictory. This would seem to be the case here. The lease is in force until the expiration date or until the property is re-let. Florida law does not require a landlord to make an effort to re-let so you could be responsible to the end of the lease term. I doubt if that clause would hold up in court against the term of the lease. When does the lease expire?
  • Jul 16, 2014, 07:21 AM
    TDAY1922
    The lease doesn't expire until March 1, 2015. The lease is very ambiguous and there is nothing about early termination or breach except that statement "Early Move Out - must give 30 days notice",
  • Jul 16, 2014, 07:38 AM
    ScottGem
    In that case, you could be held responsible for the rent until March 1, 2015. Breaking a lease is not an easy thing. My suggestion would be to see if you can sublet. But I really doubt if that statement gives you legal leave to get out of the lease.
  • Jul 16, 2014, 07:43 AM
    TDAY1922
    Yeah I did not think it would. The landlord is telling me at this point that he is going to sue me now for the rest of the lease period, which I don't think he can do at this time, if I am not mistaken I think he would have to not re-rent and wait till the end of the lease period to do that.

    There is no clause about assigning or subletting, so I think I would be allowed to that since there is non
  • Jul 16, 2014, 09:43 AM
    ScottGem
    Actually no, unless the lease specifically allows subletting, FL law requires landlord approval:

    The landlord has the right to disallow the main subtenant from subletting. Even if the lease agreement allows subletting, the tenant has to obtain the landlord's permission first. - See more at: USA Sublet Laws - Subletting Laws for Every U.S. State

    And don't think the landlord has to wait until the lease expires to sue. Since Florida law does not require the landlord to attempt to re-let, I believe they can file suit immediately.

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