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

    Nov 8, 2006, 08:48 PM
    Lease laws in Florida
    Just wanted to know if a landlord can sue you if you terminate a lease because you are buying a home. I have lived in a privately owned home for 6 months and pre-paid my rent until December. I found a home that was discounted 60,000.00 and the builder is paying closing fee... great opportunity to pass up... so can my landlord sue me for breaking the lease in Florida
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #2

    Nov 9, 2006, 07:11 AM
    Quote Originally Posted by survivortaurus
    just wanted to know if a landlord can sue you if you terminate a lease because you are buying a home. I have lived in a privately owned home for 6 months and pre-paid my rent until December. I found a home that was discounted 60,000.00 and the builder is paying closing fee......great opportunity to pass up.....so can my landlord sue me for breaking the lease in florida
    YES - for the balance of the rent on your lease AND costs to re-rent the property AND attorney fees per your lease.

    You should have had your Realtor find a replacement tenant for your rental home.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 9, 2006, 07:20 AM
    My question is why you would think they couldn't sue you? A lease is a contract. You agreed to occupy the house for a specified length of time. The landlord counted on that income. The only way you could move out without owing to the end of the lease is if the landlord violated some provisions of the lease.

    So the next question becomes do you pass up the deal on the house. My answer there is no. You need to check your lease to see if you can sublet. If you can, then you can try to rent the place from your move in to the new house until the end of the lease. You can try working with the landlord to find a replacement tenant. If the landlord can rent the house without any loss of income, then you are off the hook. But you would be liable for any rental between when you move out and the house is rented.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 9, 2006, 07:28 AM
    Hello survivor:

    If I recollect, Florida is the only state in the universe that DOESN'T require the landlord to mitigate your losses. That means, he can leave the place empty, watch TV, and collect the entire lease from you.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 9, 2006, 08:14 AM
    I need to sell my rentals here in TN and move to FL ,

    But yes I will agree, why would you think that buyinig a home would get your out of your lease, ( if it is not specificly worded in the lease)

    And hopefully he would not have to sue you, since a law suit can affect your credit score in a negative manner. Merely get your lease out and read it, you are obligated exactly how it says.

    But if the house is that good of deal you should be able to work a settlement with the owner
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #6

    Nov 9, 2006, 08:18 AM
    EX - landlord's duty to mitigate is not required in many states including GA and VA under common law leases...

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