[kimvo]

My contract rent will end on Dec, 31st.I can't afford pay my rent.So , I moved out on Oct , 1st .I agreed to pay $1650 for early termination fee by $200 each month.However , I found out the landlord let another person rent my apartment after 15 days I lelf. Is it legal ? Must I continue pay early termination fee to them? Please let me know .Thanks so much.

[AK lawyer]

What state are you in?

Was the early termination fee specified in the lease?

[kimvo]

I lived in Florida , and it was the early termination fee specified in the lease .

[AK lawyer]

I lived in Florida , and it was the early termination fee specified in the lease .

I don't see any provision of the Florida Residential Tenancies statute which would prohibit this kind of a lease provision being applied even though the premises are promptly re-let.

It is in the nature of a liquidated damages clause. Such clauses are normally sustained, even though in excess of actual damages, if the formula for damages is a reasonable attempt at predicting in advance what actual damage might be. In other words,

In order for a liquidated damages clause to be upheld, two conditions must be met.

• First, the amount of the damages identified must roughly approximate the damages likely to fall upon the party seeking the benefit of the term.
• Second, the damages must be sufficiently uncertain at the time the contract is made that such a clause will likely save both parties the future difficulty of estimating damages.

[ScottGem]

Normally a landlord cannot double dip. If the landlord charging you the rental to the end of the lease, and then found another renter, you would be off the hook.

But since you requested an early termination and the lease included an early termination fee then you would be liable for that fee, regardless of the landlord finding a new renter.

[kimvo]

I found out something in The 2010 Florida Statutes (Title IV ,chapter 83 with 83.595 about Choice of remedies upon breach or early termination by tenant .However, I don't understand

[kimvo]

I really up set because they told me a lie when I asked somebody is living there, they said " No " and got double dip.

[ScottGem]

First, please do not use the Comments feature for follow-up, Use the Answer options instead.

I checked 83.595 and it does nothing for you. In fact subsection (4) specifically addresses your situation. The lease had an early termination clause with a specified penalty. Therefore, it applies. The landlord can choose whichever of the 4 subsections they want.

So the early termination fee is legal and the fact that the landlord was able to re-let is immaterial. Be thankful, he's letting you pay it over time and not requiring a lump sum.

[AK lawyer]

I found out something in The 2010 Florida Statutes (Title IV ,chapter 83 with 83.595 about Choice of remedies upon breach or early termination by tenant .However, I don't understand.

Good find! :)

There has to be a "separate addendum" to the lease as described. Also, the early termination fee cannot exceed 2 months' rent.

This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form:

☐ I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

☐ I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.

Was there such a separate addendum? How many months rent was the early termination fee?

[kimvo]

In my contract lease , there are 2 options and we chose 1st option : I agree to pay $1650 (an amount that does not exceed 2 month's rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

We paid $ 767 /month .My contract will end on Dec,31st .However, we moved out Oct, 1st , earlier than 3 months .

In the contract has sentence :the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession , it means the landlord can't let another person rent that apartment until Dec,31st if we agree pay early termination , is it right ? Is it illegal if the landlord got double dip ?

[ScottGem]

83.595 does state that it needs to be a separate addendum. But that doesn't make sense to me. Especially if you had a choice and initialed the choice.

Repossession is when you vacate, not when the lease expires. I really think you will lose in court on this.

[AK lawyer]

83.595 does state that it needs to be a separate addendum. But that doesn't make sense to me. Especially if you had a choice and initialed the choice. ...

I am not sure what "separate addendum" means. If it is separately signed, despite being part of the same form, I think it probably qualifies as a "separate addendum".

... we chose 1st option : I agree to pay $1650 (an amount that does not exceed 2 month's rent) as liquidated damages or an early termination fee
...
We paid $ 767 /month ...

$767 x 2 = $1,534. $1,650 exceeds $1,534. It exceeds two month's rent.

...
In the contract has sentence :the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession , it means the landlord can't let another person rent that apartment until Dec,31st if we agree pay early termination , is it right ?

No. That's not what it means. It means that if, for example, the LL wasn't able to re-let the premises until February, he nevertheless wouldn't be able to sue you for the lost (Oct through January) rent.

...it means the landlord can't let another person rent that apartment until Dec,31st if we agree pay early termination , is it right ? is it illegal if the landlord got double dip ?

I don't agree that there is a rule of law prohibiting "double-dipping", particularly in this case. Being a landlord is a gamble. Sometimes the LL will receive a windfall (double-dip), sometimes the LL will loose (as in my Oct.-Feb. example). It evens out.

But it appears that this particular early termination clause is invalid (exceeding two months' rent). I would argue that therefore you don't owe anything except a half-months' rent.