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    melissataylor's Avatar
    melissataylor Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 16, 2007, 07:47 AM
    Florida-breaking lease
    My husband I are divorcing, we need to break our year lease for a house we are renting together, can it be done and what are the consequences
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jul 16, 2007, 07:53 AM
    Hello milissa:

    Sure, you can do it, but there will be consequenses. One of your problems, however, is the state in which you reside. Every other state requires landlords to rent their property as soon as possible to mitigate the tenant's damages. Florida doesn't do that. He can just sit back and collect rent from you. Yes, that's wrong. But, I digress...

    IF you can make a cash settlement with your landlord, for say two months rent, I would try. If you can sub-let, do that.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 16, 2007, 07:59 AM
    The first thing to check is whether there is a termination clause in your lease. Its rare, but it might be there. If there isn't, then you have to negotiate with the landlord. As excon pointed out, he's not required to rent the property out so he can hold you to the full length of the lease.

    If he won't accept a buyout (offer 2-3 months), then check if the lease allows subletting and try to find someone to sublease from you. You can also offer to pay the expense of finding a new tenant.

    The thing is the landlord holds all the cards here. You signed a lease which obligates you to pay the renatl for the term of the lease.

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