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33ee66 · Oct 30, 2009, 11:50 AM

FLORIDA:
I need to be let off or terminate my lease, but my roommates are not being helpful. All 3 of us are on the lease. For mental and physical health reasons, I had to move home, out of state, or become hospitalized. At the time, my roommates were understandable and I gave them two months of paid rent so they could find a replacement they wanted. Well, they haven't done anything nor are going to which has left me in an awful situation. I understand legally it is my responsibility to hold up my end of the lease, but under certain circumstances I feel I may have a legal right to terminate the lease.
A) My mental and physical illnesses are well-documented, including my doctor's suggestions to move home. Is there any law that would help me in this area?
B) The other roomies have 2 dogs and a cat, and the lease stated 3 times in Caps "NO PETS ALLOWED". The dogs have chewed up the baseboards of the kitchen, dug up the backyard, and gone to the bathroom all over the house. I do not want to be reliable for the damages when they are there against my will and against the lease. Is this grounds to terminate the lease for me?
C) I understand that if I simply refuse to pay then they can sue me privately, correct? If so, I owe approx. $2300 on the remainder of the lease. Any ideas if the cost of suing me would likely exceed the amount they would have to split to cover my remainder?
This is a crappy situation all around, but more so for me because I'm not even there to get any use of my room nor will they allow me to find a replacement (technically they can't do that according to our lease, but who would want to move into a place where the other roommates won't let you or don't want you? ) In addition, I have found out from mutual friends that the other roomies are using my old room for their friends/relatives to stay when they please. I need help, advice, or consolation if nothing else will work.. This is terrible and creating even more health concerns on my end.

heartonsleev · Oct 31, 2009, 04:03 PM

Have you attempted to contact the landlord?

heartonsleev · Oct 31, 2009, 04:05 PM

Also, I think you should call around to different attorneys. Some will give free advice so you may need to call a few before you find one that is willing. I'm so sorry you have to go through this!

heartonsleev · Oct 31, 2009, 04:07 PM

One last thing. Do you have a copy of the lease? The lease will state what your penalty would be for breaking contract which is all you would be liable for.

ballengerb1 · Oct 31, 2009, 04:21 PM

You can forget the laese since your roomies will still be on the lease and the LL will expect them to pay it in full. You could walk away and take the chance they they sue you in small claims but for $2300 they might not since they have not tried to find a replacement. That would be a very key issue if they sue. In that case they must PROVE that they made a reasonable attempt to get a replacement like placing an ad, bet they can't prove anything. I'd walk

Fr_Chuck · Oct 31, 2009, 04:45 PM

No you have no legal reason accepted in court to break the lease, in fact you can't break it, since the other parties are living there, you can with writte approval of the landlord and the other renters get out of the lease but don't expect that to happen.

The other members will have to merely pay the landlord but they can sue you for your share of the rent.
When they move out, the landlord could sue you for your share of any damages.

Also Florida is the worst place for this, since there is no requirement that the landlord even try and rent your space out

So if they sue you, you will
1. have to travel back to Fla for court
2. see no way you could win
3. have to pay the damages, and all court costs and may even have to pay their attorney fees

lilserenity · Nov 19, 2009, 12:48 PM

Well this question is easy enough.. Why don't you place a ad in craigslist for someone to take over your lease.. That way you can move out and go your way.. There are many people looking to share places and rent right now so give it a try post even in newspaper ads for a roomate to take over your lease. Don't charge a deposit this way they can help you quicker .. Try it, it will work out for everyone... Good luck