 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
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?
|
||||
|
||||
|
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. |
||||
|
||||
|
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?
|
||||
|
||||
|
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.
|
||||
|
||||
|
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 |
||||
|
||||
|
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. |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
Renew lease automatically?
There are no HUD subsidized units in the project. The project's market is moderate income families.
My tenant who signed a 12-month lease in November just told me she is moving out in less than a week. She took it upon herself to prorate this month's rent. I would like to enforce the lease agreement and collect the rent for the remaining months of the term, but I need to know how to go about...
My roommate/best friend and I have lived in the same three bedroom apartment in New Jersey for 4 years. This past year we took in a 3rd roommate that we had met through friends. Upon her moving in the 3rd roommate signed the current lease agreement, which is now due to end in a few days. About...
I have a student housing house. I require a $200 non-refundable lease deposit within 15 days of signing the lease (in this case it was due March 15). A $300 secutity deposit due June 1, and the rent less the lease deposit due August 28. I have a student that signed the lease, but never sent...
View more questions Search
|
