Can this void my lease?

[blackvans1234]

What is the name of your state (only U.S. law)? Florida

My lease agreement was signed in early Feb 2016, I would like to terminate the lease without losing my security deposit. I think I could possibly have a chance because the term (time frame) within the lease is not able to be fulfilled.

"Landlord leases to tenant and tenant leases from landlord the above described premises together with any and all appurtenances therto, for a term of 12 months, such term beginning on 2/15/2016, and ending at no later than 12 o'clock noontime on 2/14/2016, with complete vacancy. Tenant will notify the landlord in writing, 60 days before lease termination, if desired to renew the lease agreement and its terms, for an additional year. Then landlord will reply if approve the renewal..."

I have a few questions that I would appreciate your advice:
-Is there any chance this lease can be terminated with return of my security deposit due to the error written in the contract (the bolded end date)
-Should I point this out to my landlord or just file a case and show her in court? (she seems as though she will not give the security deposit back at this time)
-Am I required to still give the 60 days notice? This is not an issue regarding renewal of the lease.

Thank you in advance.

 

[FarmerJ]

Your argument would be a total crap shoot in a court room, some judges might not go for it and grant a judgment to a landlord if you were sued for rent moneys owed for a month or two of rent while the LL sought out a replacement tenant. Have you talked to your landlord about your desire to vacate early ?

 

[Gail in Georgia]

"-Is there any chance this lease can be terminated with return of my security deposit due to the error written in the contract (the bolded end date)"

Legally? Nope

"-Should I point this out to my landlord or just file a case and show her in court? (she seems as though she will not give the security deposit back at this time)"

What makes you believe you have justification to file a case in court?

If you would like to terminate your year lease earlier, try to determine if you can sublet or find a suitable replacement for yourself first.

Gail

 

[adjusterjack]

"Landlord leases to tenant and tenant leases from landlord the above described premises together with any and all appurtenances therto, for a term of 12 months, such term beginning on 2/15/2016, and ending at no later than 12 o'clock noontime on 2/14/2016, with complete vacancy. Tenant will notify the landlord in writing, 60 days before lease termination, if desired to renew the lease agreement and its terms, for an additional year. Then landlord will reply if approve the renewal..."

I have a few questions that I would appreciate your advice:
-Is there any chance this lease can be terminated with return of my security deposit due to the error written in the contract (the bolded end date)

No. It's an obvious clerical mistake that the judge will allow to be corrected and he will then enforce the contract.

-Should I point this out to my landlord or just file a case and show her in court? (she seems as though she will not give the security deposit back at this time)

No, she won't, and rightly so. What you have to understand is that "leaving early" = "breach of contract." That makes you the bad guy, the wrong doer, no matter how you spin it.

-Am I required to still give the 60 days notice?

No. Once you breach the contract you need do nothing except wait for the consequences. Notice becomes irrelevant.

 

[blackvans1234]

Shoe on the other foot

Okay, the consensus seems to be that I am not entitled to the deposit back (im not surprised, but figured I would ask).

One other question: I paid 1st, last, and one month security. I would reasonably believe I am entitled to the last month's rent to be returned to me (I will pay up until I move out) even if I terminate the lease early.

What is the general opinion on that?

 

[reenzz]

Read your lease carefully.

Since Florida law does NOT require a landlord to mitigate damages by finding a tenant to replace you, it is very likely that you will continue to owe rent until your lease expires in February.