[RYAN_WOHL]

Is they any way to breake a lease in order to buy a home ?

I singed a lease for one year in August 2008. In January the landlord called me and said they where going to put the rental protiy up for sale, but I would be able to stay out my whole lease. She also said they did not know if I would be able to renew the lease.

I started to look for a house to buy right after I received the call from the landlord. I found a house and place a bid on it and I am now in contract with the seller.

I contected the landlord to advise them I was in contract on a house and need to know about breaking the lease. . I would be giving them a 60 day notice of breaking the lease .I was told I could not breake the lease and I was resonsable for the entire lease and with the lease completely paid and damages paid they well still keep the secrtiy deposit and posably the last month the remaining time on the lease would be 3 months (june July august)

Is they a legal why I can get out of this..
P.s.
Sorry about the caps. Did not know there where on)

Thank you
Ryan

[LisaB4657]

First you have to read your lease to see if it says anything about what happens if you break it. If it doesn't say anything then in most states the landlord is required to make a good faith effort to re-rent the property. The tenant is responsible for the rent until there is a new tenant or until the end of the original lease term, whichever comes first.

If the landlord is trying to sell the property then they probably won't want to try to re-rent. Talk to them, explain that they are not entitled to all of the rent if they don't try to find a new tenant, and see if you can work something out with them where they let you out of the lease in return for a payment, such as 2 months rent or retaining your security deposit.

If they're still not willing to work this out then maybe you can try finding someone to take over the balance of your lease.

[ScottGem]

This is an interesting issue. As Lisa said, they are required to make a good faith effort to find another tenant, unless you are in Florida. So they cannot just hold you to the balance of the lease.

On the other hand, the fact that the new owner will not have to deal with an existing tenant may improve the saleability of the property.

So I think you may have the upper hand here. What I would do is tell the landlord they can keep the security deposit if they agree to terminate the lease early. However, if they try to collect on any rental due past your vacate date, you will fight it.

For them to collect they will have to sue you. You can then go into court, present your proof that you gave them 60 days notice of your vacate date as well as advance notice that you may have to vacate early. Also point out to the judge, that your looking for a house to buy was precipitated by the landlords notice of intent to sell. Finally show that the landlord did not try to find a new tenant.

I can't guarantee, but I think a court will side with you.

[ScottGem]

Please don't start a new thread for follow-up questions. Use the Answer This Question options.

I removed the new thread, but note that you are in Florida, which makes your situation more precarious. Since the landlord does not have to try to re-rent, you can be held responsible for the balance of the lease.

On the other hand, Assuming you vacate in May you will only have three months. If the closing drags out any longer, that amount would be reduced. They cannot keep yopur security deposit unless you owe rent or there were damages to clear up. So you make sure you clean up everything before you leave and do a walkthru to confirm there are no damages.

But I really see no legal way that you can get out of paying the extra three months.

[RYAN_WOHL]

The lease is written in Florida