[florida2007]

I am planning to break a 1 year lease which I signed 4 months ago. I pay the rent from 15th to 15th. I am able to get hold of another person to take over the lease and she wants to move in on the 7th. The landlord has agreed to pay back the security deposit. But he is not willing to pay the difference of 7th to 15th. Is he entitled to keep the difference?

[donf]

Good afternoon Florida,

I wouldn't waste my time getting in a battle over 15 days with the Landlord. As I remember there are certain reasons where the Landlord has to release you from the lease without penalty. There are legal reasons that would compel your landlord to release without any penalties such as your employer relocating you more than 50 or 100 miles away. If you are military and you have orders that put you outside of a reasonable distance, the same protections. I'm not sure if College, Marriage or some other reason would also protect you. If it is possible for you to contact a lawyer from "Friends of the Court" similar to a Public Defender except that the Friends handles civil litigation instead of criminal. Is there a Rental Board or Housing Agency within the Local Ruling Authority, contact them and see if they can assist you.

I suggest that you contact the potential tenant and let them know there is a 15 day prepaid required by the Landlord. If she balks at paying, then let it go.

Your object is to get released from the lease not tied up in a legal battle.

[ScottGem]

Have the new tenant pay YOU a prorated payment from the 7th through the 15th, then start paying the landlord as of the 15th. Make sure the landlord is on board with this. If he's not let it go. One weeks rental is a small price to pay for being let out of a lease early. Generally 2 months rent as a buyout is reasonable.

[MarkRealEstateConsultant]

The short answer is generally yes. The Terms of your lease are critical. Is there a sub letting clause? The language there would prevail. Generally sub-letting is prohibited without written consent from the landlord. Again generally the lease period is not pre-rated for early termination on the tenants part (due to expenses incurred by the landlord)

The landlord is expending time and money to sublet the home for you - consider the 7 days rent a small price for letting you out of the lease. In past court cases like this, the courts have generally rule in favor of the landlord.

This is the clause in standard leases as approved by the Florida Bar Association -
Assignment of Agreement and Subletting:
Tenant will not sublet the premises or any portion thereof, or assign this Lease without the prior written consent of Landlord.

If you are military and have been required to move you would be covered under the Soldiers and Sailors Civil Relief Act now called the Servicemembers Civil Relief Act as of 2003, where the Tenant and Landlord understand and agree that a lease may be broken . The SCRA allows individuals to break a lease when they go onto active duty, if the lease was entered into before going onto active duty. Additionally, the act allows a servicemember to terminate a residential lease entered into while in the military, if the member receives permanent change of station (PCS) orders, or orders to deploy for a period of not less than 90 days.

This may not be the answer you wanted but it's the advice I'd give my brother, son and you.