Ask Experts Questions for FREE Help !
Ask
    realmccoy98's Avatar
    realmccoy98 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 3, 2015, 06:31 AM
    For lease extension, is a new FL Early Termination/ Damages Addendum required?
    I recently renewed my lease for an additional year, just by signing a single paragraph stating the new lease end date and that all provisions of the previous contract remained in place.

    After just a month into the new lease term, I needed to move out and informed my landlord that I would be ending the contract early. The place was re-rented with new tenants in, in less than 10 days from when I left.

    The original lease had an addendum stating that a fee of 2 month's rent would be required for early termination of the lease. The landlord said this provision was still applicable, and I owe two month's rent.

    Is the landlord correct, or would they have needed to have me sign a new addendum at the time of lease extension?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    May 3, 2015, 06:47 AM
    If the original contract stated that you owed 2 months for early termination. Then you owe for 2 months rent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 3, 2015, 01:11 PM
    all provisions of the previous contract remained in place.
    That answers your question.

    On the other hand, the landlord is not allowed to double dip. So you need to find out when the new tenant's first rental period started. You would be required to pay pro rated rent from when you moved out to when they moved in. If the landlord refuses to pro rate, then tell them to take you to court.

    But you should count yourself lucky. Most leases do not have early termination clauses.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    May 5, 2015, 07:49 AM
    Quote Originally Posted by ScottGem View Post
    ... On the other hand, the landlord is not allowed to double dip. ...
    So it has been said. But the enforceability of the early termination clause might depend on whether the landlord incurred extra expenses (such as advertising, etc.) because of the early termination.

    Quote Originally Posted by ScottGem View Post
    ... If the landlord refuses to pro rate, then tell them to take you to court. ...
    OP didn't say, but the LL may be holding a deposit.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Florida early lease termination addendum [ 10 Answers ]

My lease in Florida included an early lease termination/liquidated damages addendum. I signed it in haste not realizing that I would owe 2 months rent if I moved out before the lease expired. Unfortunately I had to move early due to job loss. The property management company is expecting this...

Choice of early termination addendum Florida lease [ 7 Answers ]

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...

Early Termination Addendum to Florida residential lease [ 1 Answers ]

I have a Florida residential lease which has an addendum providing a choice of remedies upon early termination. When the lease was signed we check the box on the addendum which states the following: I/We agree to pay an early termination fee in an amount equal to one full month's rent together...

Is an early termination fee or liquidated damages clause required on lease contract? [ 7 Answers ]

I live in Florida. I need to break my lease. There is an stipulation on my contract that says... "tenant must first submit such request in writing to the office. resident must give 60 day written notice and remarketing fee of $250. The charge will in no way release the resident of his/her...

Breaking a one year lease with early termination fee - 30 days notice required? [ 9 Answers ]

Hi, I moved into a new apartment in Downey last May with a friend of mine. After a couple of months, I notice that my friend has been stealing from me. I asked her to move out and now I have to break my lease for safety reasons. I signed a one year lease (my friend luckily is just an occupant)...


View more questions Search