Can You be Charged an Early Termination Fee if a Landlord Finds a Replacement Tenant
My question involves landlord-tenant law in the State of: Florida
Thank you for reading this thread guys.
Background:
I am a college student, graduating in the April 2017. My current lease will not expire until the end of July 2017. I got a job offer in another city, starting January 2017, and therefore, have to break my lease prior to the expiration date. The management of my apartment complex says that I need to pay $350 for resident replacement fee if I decided to move out and the security deposit will be applied toward my future rent due. My original plan was that I pay all the rent until the end of April 2017 and find another guy to take over my lease, either sublease or sign a new lease, so that the landlord wont lose any rent because of me. Then the management told me that they already signed a lease with another student for the term August 2017 to July 2018, without giving me any written notice. When I logged on to the resident online portal, the renew option is still there.
Below are part of the provisions in my lease contract and my related questions:
10. REPLACEMENT OF RESIDENT. Resident shall not assign all or any portion of this Lease or Resident’s right to occupy the unit and Premises to anyone without the Owner’s prior written consent. In order to request roommate replacement, Resident must submit such request in writing and no replacement will be approved unless the new resident and guarantor, if applicable, is approved and signs all appropriate documents. Resident will be responsible for paying a non-refundable replacement fee of up to $350 with Resident’s request for replacement, provided however, Resident shall not be released from obligations under this Lease unless Owner agrees in writing. Under no circumstances, unless required by law, shall Owner have any obligation to find Resident’s replacement. Resident agrees not to list the Apartment, Exclusive Bedspace, Premises, or any portion thereof, on a lodging rental website or service such as Airbnb.
My question: Is the replacement fee really a fee for early termination or liquidated damages? I really hate this management. They want to charge me $350 AND do nothing. Is this really an unconscious contract?
I read the “83.595 Choice of remedies upon breach or early termination by tenant”. And it says:
(3) Stand by and do nothing, holding the lessee liable for the rent as it comes due; OR
(4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee,
It says “OR”, which means the management cannot do both, right? When I sign the lease contract, I have no prior knowledge to these laws and regulations. After I read this section, the law requires both the landlord and tenant to sign a separate addendum to specify that I accept to pay this $350.
So the $350 resident replacement fee is not valid? And the management can still sit and do nothing?
19. MOVE-OUT. a. If you intend to leave the Premises permanently prior to the Ending Date, your Security Deposit will be applied to your outstanding balance. Telling us about your leaving without putting it in writing is not sufficient. You must use the approved move-out notice provided by the management office. Even if you give proper advance written notice to vacate prior to the Ending Date, this does not release you from your obligations under the Lease. You will be responsible for all Installments of Rent through the end of the Lease term or until a replacement resident is found, whichever occurs first. If you move out prior to your Ending Date, you will still be responsible for utilities until your Apartment has been re-let.
This is the other provision on my lease contract.
What should I do? Do I really need an attorney? What is the expected cost?
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I contacted a lawyer in my county for help (a good attorney on avvo with above 9.0 rating) and he said that he can not represent me because the management was their client. Well, I am extremely desperate now.
Your opinions will be highly appreciated!
Re: Can You be Charged an Early Termination Fee if a Landlord Finds a Replacement Ten
Isn't it unfortunate that neither high school nor college teaches you that when you sign a contract you are bound by the terms and conditions of the contract.
I'm afraid that you are stuck with the bargain you made when you signed the lease and there is nothing "unconscionable" (not unconscious) or illegal about the lease or what will happen to you financially when you BREACH THE CONTRACT before your obligations expire.
A lawyer will cost you about $300 per hour subject to a hefty retainer of $1000 to $2000 just to get him started and you'll be wasting your money because it won't change anything.
Lesson for the future: Don't sign contracts and expect to be able to breach them unscathed.
Re: Can You be Charged an Early Termination Fee if a Landlord Finds a Replacement Ten
Quote:
Quoting
adjusterjack
Isn't it unfortunate that neither high school nor college teaches you that when you sign a contract you are bound by the terms and conditions of the contract.
I'm afraid that you are stuck with the bargain you made when you signed the lease and there is nothing "unconscionable" (not unconscious) or illegal about the lease or what will happen to you financially when you BREACH THE CONTRACT before your obligations expire.
A lawyer will cost you about $300 per hour subject to a hefty retainer of $1000 to $2000 just to get him started and you'll be wasting your money because it won't change anything.
Lesson for the future: Don't sign contracts and expect to be able to breach them unscathed.
Thanks for the future lesson. But what's your definition for consciousness?
So, even the contract contains terms that do not follow the Florida State Statues, it is still enforceable? The management here wants to do nothing while collecting an early termination fee from me when I breach the rental agreement. In a typical college town, properties like this normally take advantage of students and make these nasty terms, we have no choice but were forced to sign those contract.
Re: Can You be Charged an Early Termination Fee if a Landlord Finds a Replacement Ten
The replacement fee provision that you quote above appears not to be a liquidated damages fee, but a processing fee for handling the substitution of tenants, but that's just an impression based upon the few provisions you have posted.
If your reference to statute means that you are taking the position that the fee is a liquidated damages clause is not compliant with Florida Statutes, Sec. 83.595, you will need to share the relevant information. Recall, we have no access to your lease or any addendum, and know only what you tell us.
In terms of the amount of liquidated damages, if you agree to pay a modest liquidated damages fee in order to be released from a contract, you benefit from avoiding liability for a potentially greater amount of damages if the landlord is unable to find a replacement tenant. As long as the amount of liquidated damages is a reasonable estimation of the landlord's typical damages for such situations, it doesn't matter if there is a potential that the landlord's damages may be lesser (or greater) in some cases.
FYI, caveat emptor: "An Avvo Rating is not an endorsement of any particular lawyer, and is not a guarantee of a lawyer's quality, competency, or character." If a rating says nothing about the lawyer's competence, character, or quality of their representation, it says... nothing useful.
Re: Can You be Charged an Early Termination Fee if a Landlord Finds a Replacement Ten
Thank you for your reply. I did not post the whole contract as it is not safe for me to do so.