Breaking the Lease in Florida.

[ibeawizard]

What is the name of your state? Florida (Polk County)

I need to break the lease with my landlord due to family emergency.

When I first moved in, I paid the first month, last month, and a month security deposit. My lease is up September 1st, so technically August is paid for.

My landlord said I could break the lease with 30 days notice. So, I'd pay for the month of April and be done with it. But, she also said I'd be forfeiting my last months rent. That's the part I don't understand. Can she do that? I know I'd be responsible for any months where she can't rent the place.

If she re-rents the property after I leave, technically, she'll be receiving rent for August from two different people. Isn't that called double dipping? Is that legal in the State of Florida? My friend says I shouldn't pay for the month of April since she is keeping my last month rent that was pre-paid.

Please advise. Thank you.

 

[reenzz]

Florida is one of the few state that does not require the landlord to mitigage his/her damages....meaning they can legally hold you to the entire term of the lease and just let the apartment sit vacant. So your choice is to pay what she's asking for as a termination fee, or continue to pay rent each month until your lease expires.

 

[ibeawizard]

Florida is one of the few state that does not require the landlord to mitigage his/her damages....meaning they can legally hold you to the entire term of the lease and just let the apartment sit vacant. So your choice is to pay what she's asking for as a termination fee, or continue to pay rent each month until your lease expires.

I do know that about Florida not requiring the landlord to mitigate the damages. Meaning, they aren't required to make the effort to find another renter. My question is more along the lines of...

If I leave and she re-rents the place, she will be getting paid from two different people for the month of August, which I believe is double dipping. That's what I need to know.

 

[reenzz]

What I believe she is doing is offering you a "settlement" by stating that if you want to break the lease...you will forfit August's rent. Seems fair to me considering she does not have to do so. Make sure you get everything in writing. Her offer to you is much better than paying May, June & July.

 

[ibeawizard]

What I believe she is doing is offering you a "settlement" by stating that if you want to break the lease...you will forfit August's rent. Seems fair to me considering she does not have to do so. Make sure you get everything in writing. Her offer to you is much better than paying May, June & July.

True, that's what I was thinking last night. I've decided to take her up on it. It's not so bad.

 

[reenzz]

Just make sure you get EVERYTHING in writing...just to protect your arse!!!


Good luck!!!