Breaking a Lease for Personal Reasons

[PureCrazed]

I'm wanting to break my lease for personal reasons... There is a few problems with my rental but nothing that would hold up legally, just a slow and nearly impossible to get ahold of landlord and a few problems with the place but nothing that makes it untenantable...

Anyways, I informed the landlord on Aug. 12th that I wanted to break my lease and I told him I would be moving out at the end of September... It is now Aug 24th and my landlord has yet to get a copy of the lease (neither of us have a copy, only his agent does) to determine what the lease states... He says he can't get ahold of his agent but he has a fax but says it is unclear and won't give me a copy of it...

He has last month rent of $1000, a security deposit of $1000, and a pet deposit which wasn't included in the lease of $500... All that I ask is to use my last month's rent for September and get my pet deposit back when I move out (leaving him with $1000 sec. for the breaking of the lease)... Even if I don't get my pet deposit back, I'm still hoping to use my last month rent for September...

I believe he is just trying to waste as much time as possible or maybe even hoping that he can delay it so long that he can keep all the deposits and still make me pay for September...



I know if I don't pay the September rent, he has to give me a written notice demanding payment or possesion of the premises within 3 days (excluding weekends and legal holidays) of delivery of the notice... Could I wait until I get this letter then move out before the 3 days is up and not have any legal commitment to my landlord since I gave him possesion of the premises again??

Or does someone have another suggestion??

[Mr. Knowitall]

His ability to evict you for nonpayment does not affect your obligations under the lease. You can't breach your financial obligation, then try to use that as a basis to... well, breach your financial obligation.

[PureCrazed]

So that means what? I would be still liable for the rest of the rent of my lease or would he be able to go after me financially? or?

[jk]

So that means what? I would be still liable for the rest of the rent of my lease or would he be able to go after me financially? or?

yes., all of the above

[PureCrazed]

What if he doesn't give me a written notice?? Can I get away with living there for the month of September??

Now what about him not getting a copy of the lease?? Anything about that??



The only things I can find is the law stating that he needs to gives a written notice saying 3 days but it doesn't say anything about being responsible for financial obligations if I leave. It says that if I don't give the landlord possesion of the premises then he could file for eviction... It states "pay rent OR give possesion of the premises to the landlord", it doesn't say both...

[PureCrazed]

Florida Codes & Regulations Statutes
Title VI - Civil Practice and Procedure
Chapter 83 - Landlord and Tenant
Paragraph 56 (83.56) - Termination of rental agreement
Section 3

(3) If the tenant fails to pay rent when due and the default continues for 3 days, (excluding Saturday, Sunday, and legal holidays) after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of _____, (year) .

(landlord's name, address and phone number)

URL: http://www.megalaw.com/fl/flstatutes...n%2056#0083.56