Florida: Error in lease

[glay]

Florida
My friend signed a lease for one year. The lease date was June 1, 2000 to June 1, 2000. The error has never been corrected but the landlord claims it's just a typo and the lease is still valid. She gave verbal notice of her desire to move out in January 2001. She offered to find a suitable tennant as her replacement. The landlord refuses to allow this and has put the property up for sale. She has moved out of the property but the landlord insistes she continue to pay rent and must maintain all utilities. Is this a valid lease agreement?

 

[djdj]

WELL maybe......

If your friend has proof the landlord put the house up for sale and has proof she refused to take on a suitable tenant.

She may be able to get out of paying the rent due to the Landlord terminating the lease...

But your friend really is kinda DUMB!.. did she have any idea the landlord wants to sell the property? If she did then the Landlord would have had to pay her to move if she wanted it empty for an easier sale.

She will probably be sued, so take pictures of the for sale signs, get the prospective tenant to sign a notorized staement about wanting to rent the place, did they actually talk to the landlord?.. also have that person show up in court too..

also have her shut off the utilities that are in her name...because the landlord could be running up the bill just for SPITE!

BUT if she hurries and

Sends a certified letter return reciept, explain to the landlord that she is no longer responsible for the rent and utilites due to the landlord terminating the lease by refusing to sublet till the lease ends, and that she expects ALL of her security deposit back, since there was no accounting for any damages, if not legal action will be taken

then she can sue him in small claims court.

[Edited by djdj on 02-18-2001 at 10:36 AM]

 

[glay]

Lease error

Thanks for your reply. The renter had no idea the property was going to sold. She is wondering if the error in the term of the lease makes it invalid. From 6-1-00 to 6-1-00. Also the landlord refused to allow any talk of replacement renters. Sub-leasing is not allowed. She just offered to find a qualified replacement at her expense...news paper ads,credit check ect.
Thanks

 

[djdj]

The landlord violated the lease, by refusing to re-rent it thereby effectively terminating it.

She is NOT responsible for the rent, but she is responsible for the utilities if it is still on and in her name....so shut them off!

The lease is still valid, and when she gets sued she will have to explain that she offered to find a tenant and pay for the ads BUT THE LANDLORD REFUSED...

the judge should throw this case outtttttt


When did she move out, and i assume he has NOT given her back her security deposit...Right?

 

[glay]

Florida lease error

The landlord would not allow her to get out of the lease. Even though the lease date was written incorrectly, 6-1-00 to 6-1-00, it should have been, 7-1-2000 to 6-30-2001. The landlord first said she would try to find a renter so my friend could move, then the next day said she would just sell the house. She is demanding that my friend continue to pay rent through the end of June while she tries to sell the house. My friend initially agreed to stay in the house till June, but after her situiation changed, she notified the landlord in Jan. 2001 she needed to move out. She is currently paying the rent and doesn't live in the house. I just wondered if she has the right to stop paying rent and utilities due to the lease error and her offer to the landlord to help find someone else to rent the house. The deposit is one months rent and she is willing to let it go to avoid getting a poor credit rating.
Thanks again

 

[djdj]

She HAS NO obligaion to pay the rent anymore...but she will sue her anyway...

And she will have to explain this to the judge.....

Has she shut off all the utilities in her name? Remember the landlord violated the lease, and it is effectively terminated she owes no rent,

And she should be able to get her security back too.. But of course that will all have to be explained in front of a judge.

Did she take any pictures before she vacated, the landlord will try and come up with phony charges to screw her out of the security and more,

HAVE HER SHUT OFF THE UTILITIES TODAY....