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hottimolly · Dec 17, 2012, 03:25 PM

I signed a yr lease which started on 1dec2012 and ends 30nov2013. I signed a separate form in my lease agreement that states that if I decide to terminate my lease early that I have to pay a termination fee upfront equivalent to 2 months rent, and also pay all the way through the month in which I intend to terminate. It does not state anything about giving a certain # of days notice. In the actual lease agreement it states that at the end of my current lease that if I do not give a 60 day notice of extension or termination that my lease will automatically turn into a month- to-month lease. No where else in my lease does it state anything about a specific day notice. I have asked the management of the apts multiple times about this and they continue to tell me that I must give a 60 day notice to terminate my lease pay the early termination fee as well as pay the rent for those 60 days. I need to know is this true? I thought the whole point of the early termination fee was so if you don't give an early notice they still get paid for at least 2 months, as long as you actually let them know and not just move out. But if I'm giving a 60 day notice, still paying for those 2 months, and paying a termination fee then they are getting more money from me than they should! I should be able to give my notice whenever as long as its before the move out date right? I need answers!!

LisaB4657 · Dec 17, 2012, 03:34 PM

Yes, they are allowed to do this.

You should be aware that Florida law does not require a landlord to look for a new tenant if the tenant breaks the lease. So if the tenant breaks the lease the landlord can sit back and charge rent for the entire balance of the lease.

Since you signed the lease for a start date of Dec. 1, 2012, you can give 60 days notice now that you will be moving out on February 28, 2013 and pay 4 months worth of rent. That is a much better deal than moving out and being responsible for rent until November 30, 2013.

This deal only makes sense if you move out more than 4 months prior to the end of the lease term.

ScottGem · Dec 17, 2012, 04:17 PM

The reason for the early termination clause is so you move out before the lease expires with a minimum penalty.

You are still required to give notice that you are exercising your early termination clause. I'm not sure if 60 days would be required, I'd have to see the lease, but it wouldn't surprise me.

fredg · Dec 17, 2012, 05:29 PM

I lived, and rented apartments in Florida, for about 8 years. I am not sure if you must give 60 days notice. At that time, it was 30 days. You might check with a lawyer to be sure. I do wish you the best.

fredg · Dec 17, 2012, 06:57 PM

Originally Posted by fredg

I lived, and rented apartments in Florida, for about 8 years. I am not sure if you must give 60 days notice. At that time, it was 30 days. You might check with a lawyer to be sure. I do wish you the best.

This is an edit to my answer above: The law is 30 days to 60 days notice. The link below might be helpful with what to do:
How to Cancel an Apartment Lease in Florida | eHow.com

ScottGem · Dec 17, 2012, 07:30 PM

Originally Posted by fredg

This is an edit to my answer above: The law is 30 days to 60 days notice. The link below might be helpful with what to do:
How to Cancel an Apartment Lease in Florida | eHow.com

No, the law says not more than 60 days ("a rental agreement may not require more than 60 days' notice before vacating the premises."
Florida Laws: FL Statutes - Title VI Civil Practice and Procedure Section 83.001 Application. - Florida Attorney Resources - Florida Laws)

In the absence of a clause specifying the length of the notice, the landlords can use the maximum the law allows.

I will also note that the OP referred to the "management of the apts". This indicates that she is not dealing with an inexperienced landlord, but a management company that has experience managing apartment complexes. So the likelihood is they know what the law will allow them.

As I said earlier, an early termination clause is a penalty to get out of the lease early. It doesn't change that the tenant has to adhere to provisions of the lease and the law.

Molly,
You just moved in. If you want to move already then give them 60 days notice ASAP.