Can a landlord terminate a lease before occupancy if contract is silent?

[plmoconnor]

Florida

My parents had a lease for a condo in Florida for Jan, Feb and March. The landlord asked a week ago if she could break it as she found a buyer for the property. My parents said no. Today they received a letter with their check stating she is terminating the lease because the agreement/contract has no cancellation policies. Is the landlord correct? We can take the stance that she signed a contract, my parents have in no way violated any terms and since there are no cancellation clauses, neither party could cancel. Or, I suppose the law could be that no cancellation clauses means it's cancellable any time. Of course, what's the point in a contract then?

Thank you!

 

[ecmst12]

Your parents can sue them for any financial losses they incur due to the broken contract.

 

[FarmerJ]

Your parents should carefully re read the lease and look for any wording that says something to the affect that the lease transfers with the sale of the property or is fully transferable . Also look for any wording that gives the LL the right to terminate the lease if it is sold,transfered to another party. If the lease is transferable and does not give the leasor the right to terminate early and your parents wish to leave anyway then they should consider asking the LL for money to be paid to give up the lease , say a month of rent and all of the deposit and enough to cover new utility connection fees and actual moving expenses? if the LL refuses then have your parents store a copy of the lease away from home like at a trusted friend/relatives home and when the unit is sold the new owner will have to honor the lease , BUT if the LL is only getting offers based on unit being delivered empty the LL might just be willing to pay them to give up the lease. a( of course in writting)

 

[sandyclaus]

A binding contract

A lease is a binding contract between LL and tenant for a term as defined in the contract. It terminates either at the term expiration date as specified in the contract and converts to a month-to-month if tenant continues to occupy, or automatically renews for another term if stated in the lease to do so, or terminates if notice is given by either party.

LL thinks if it says nothing they can just end it anytime, but that's not correct, especially if the lease hasn't yet expired and nothing is specified in the lease to say otherwise. The whole point to a lease is to secure a residence for a specific timeframe and to guarantee LL rent for that same timeframe.

Just as you can be held to the contract terms for the duration of the lease, so can the LL. If they terminate early, then they can be held liable for their breach of contract, including any expenses you incur to secure a new residence.

 

[Andy0192]

Today they received a letter with their check stating she is terminating the lease because the agreement/contract has no cancellation policies. Is the landlord correct?

Your parent's check was returned? As in, the Landlord never cashed their check?

Also, do your parents have a signed copy of the lease with both theirs & the landlord's signature?

 

[E.Rodriguez]

I agree that the lease is binding for the entire term.

Your parents don't have to go anywhere, and should keep the notes with the returned rent to prove they are paying as they are supposed to. in case LL tries to bring a no pay eviction....

The lease is only 3 months? Wait, there not in yet? why wont they find a new lease for that time?

It doesn't matter if the lease does or does not specify if the lease transfers to new property owner - it does -

It also doesnt matter theres no cancelation clause, that meand there isnt one and LL must comply with the lease.. bottom line.

 

[ecmst12]

Right. Breaking the contract is bad. But I don't think there's going to be extensive damage here. There is still time to find a new lease. If they end up getting stuck with a place that's much more expensive because they ran out of time to look, they could concievably sue for the difference in rent for those 3 months. But that's the only thing I can think of.