Check out some similar questions!

us4ever0314 · Mar 21, 2008, 04:20 PM

How can I break my lease without any hard feelings or adversity. I have paid six months in advance plus security and last month and am willing to lost last month and security. My daughter moved in with me and the place is just not big enough for all of us plus she has medical conditions that make me have to be close to her at night and currently we are in a two story home so its immpossible to be close when we are both on different floors. Any suggestions?

N0help4u · Mar 21, 2008, 04:25 PM

Why are you on different floors? Can you move to her floor?
I do not even think it is legal (in many states) for the landlord to charge more than security deposit and 2 months rent. (first and last month)
What state do you live in?

isabelgopo · Mar 21, 2008, 04:30 PM

Are you in the military?I know a couple of tricks if you are...

us4ever0314 · Mar 21, 2008, 04:47 PM

The rooms are on two different floors that is why we can't be on the same floor together. I live in Florida, and do you know where I could find that at? And no I am not in the military but thank you and your tips would be very welcomed as I have a friend who is in the military and might be useful for the future.

N0help4u · Mar 21, 2008, 05:14 PM

Florida statute, Title VI, Chapter 83:

83.595 Choice of remedies upon breach by tenant.--

(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:

(a) Treat the lease as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant; or

(b) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from a reletting; or

(c) Stand by and do nothing, holding the lessee liable for the rent as it comes due.

(2) If the landlord retakes possession of the dwelling unit for the account of the tenant, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rentals received by the landlord as a result of the reletting shall be deducted from the balance of rent due from the tenant. For purposes of this section, "good faith in attempting to relet the premises" means that the landlord shall use at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to lease other similar rental units but does not require the landlord to give a preference in leasing the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.

Éducaloi - La loi vos droits - Tenants - Paying the rent

Your landlord is not permitted to do the following:

Demand any advance payment of rent except for the first month's rent when the lease is signed;

If your lease includes any of these obligations, they are of no effect. You need not respect these obligations, even if you signed the lease.

us4ever0314 · Mar 21, 2008, 06:57 PM

Where did you find this part?
"Your landlord is not permitted to do the following:
demand any advance payment of rent except for the first month's rent when the lease is signed;
If your lease includes any of these obligations, they are of no effect. You need not respect these obligations, even if you signed the lease"
That way I have a way to reference it when and if I take this to my landlord and property manager.
Thanks for everyone's help it is much needed and welcomed.

N0help4u · Mar 21, 2008, 07:00 PM

Éducaloi - La loi vos droits - Tenants - Paying the rent
Click twice on

When it comes to paying rent, what practices are prohibited?

I saw it on other sites too but couldn't find them again

ballengerb1 · Mar 21, 2008, 07:42 PM

Here is the bottom line. If you move out early your LL can and should start looking for a replacement tenant. You will be responsible for all rent and advertising costs until a replacement is found at the same level of rent. If you refuse to pay the LL would have to sue you and based on what you have told us so far, you'd lose the case and would have to pay plus court costs.

N0help4u · Mar 21, 2008, 07:50 PM

But if she is paid 6 months advanced then he might owe her.

ballengerb1 · Mar 21, 2008, 07:56 PM

Hard to say who owes who what at this point.. We don't from the facts presented how far into the lease she is right now but the LL would not owe a refund unless a new tenant was found and moved in before the 6th month of the lease. Us4ever needs to give more details for us to know for sure.