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saint_aubin · Apr 28, 2007, 05:12 PM

I live in Ft Lauderdale Fl and I am 7 months into a leasing contract. Unfortunately, I want to break my lease now for more than one reasons. My wife is allergic to something either in the apartment or on the complex; her throat gets irritated to often and she has to buy allergy medications all the time. She eventually went to the doctor once for it. We want to make use of an opportunity that came up for us to move to move elsewhere. However, on medical grounds I think we stand little chance of breaking the lease because they included a medical disclaimer clause within it.

We verbally mentioned it to our property manager who bluntly told us that if we break the lease it is going to damage my wife's credit, especially since it s a group of lawyers who own the complex. She also offered to move us to another apartment which we refused, since we don't know the source of the allergic reaction on the property. I get the feeling she is just trying to scare us because the place is overpriced.

Initially, when we just moved in last October, we went through hell just to get a copy of the lease from our leasing office. Now I am reading through the lease, I realized that they did not sign it. Does an unsigned lease on the landlords part give me any grounds to break the lease with sufficient notice, say 30 or 60 days? The deposit doesn't matter much, I just want to find the best and most quick way out of this. Can anyone make any suggestion otherwise as to how to approach this?

Fr_Chuck · Apr 28, 2007, 05:53 PM

No you are bound by the lease, they have tried to work with you by moving you to another apartment, you refused to try this, ( not their fault) So it appears they are trying at this point. So you are obligated to the full lease, if you leave as long as you either sub lease or they find a replacement for you, there will not be as much owed, but you will be liable for the rent until it is rented back out.

saint_aubin · Apr 28, 2007, 06:11 PM

So then even though they did not sign the lease and gave me the unsigned copy it doesn't matter? Also, the apartment they suggested is currently occupied and she say it will 'soon' become vacant; she didn't/couldn't give us any time frame.

My wife is listed as the tenant and myself as the husband of the tenant. The rent checks have both of our names written on it. Will it affect our credit? If it does, will it affect my credit or hers only?
I was checking online and came across this document in the link:
Florida State Landlord Tenant Law

Towards the bottom of the page under "when you decide to move" it gives days of notice for breaking a lease, for which it say 60 days for a year-to-year lease. Does this apply in any way? Or be it 30 or 60 days breaking is breaking.