Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default Breaking a Lease Due to Construction

    My question involves landlord-tenant law in the State of: FL

    Recently moved into a condo. never spoke to the owner. A property manager handles all matters pertaining to the condo. The property manager is also the listing agent for the condo.
    The property manager's assistant gave me a tour of the building and the unit.
    I liked the building and signed the lease. After I moved in I see that there is heavy construction going on in the building. They are redoing the balconies and railings on the outside. The noise is deafening and vibrates through the building. You can't speak on the phone. I can barely sit on the couch without losing my head. I was hoping I would somehow work around it. After the first month I came to a conclusion that I can't live like this. Let the property manager know that I have to move out and cannot continue in the building. I told them I was disappointed with them that they did not disclose the full details of the construction in the building.
    We had long conversations on the phone about the matter and property manager is telling me that they and the owner were not aware of the construction themselves. I think that is bunch of BS. The owner of the condo should be fully familiar with the construction happening in his own condominium especially when the cost runs up to about 2 million dollars, and each condo owner has to pay their share.

    The owner is ok with letting me out of the lease, but said that I am responsible for the rent, till they find the next tenant. The only caveat right now is that the condo association has a ruling that you can only rent the condo once a year. The owner is going to approach the condo association and make a request to rent the unit again.

    My questions:
    1) If the owner is not able to get permission to rent the unit again. Am I liable for the rent for the rest of the year (8 months left on the lease)?
    2) Were the owner and property manager obligated to tell me that there is construction happening in the building? (There are other tenants in the building that have moved out for the same reasons)
    3) What are my legal options here?

    Thanks!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,274

    Default Re: Breaking a Lease Due to Construction

    Quote Quoting John81
    View Post

    1) If the owner is not able to get permission to rent the unit again. Am I liable for the rent for the rest of the year (8 months left on the lease)?
    Can't really answer that question without reading the exact wording of that limitation on renting once a year.

    By the way, they aren't really "letting you out" of the lease. You would be breaching the lease. They could obviously choose not to pursue you for unpaid rent but they wouldn't be obligated not to unless, of course, you got a written release of your obligations with a full refund of your deposit.

    Generally, you would be responsible for paying rent until the place is re-rented.

    The trouble with continuing to pay rent after you move out is that there is no incentive to the owner to re-rent as long as he's getting his money.

    Whether the limitation affects you depends on the wording of the limitation. But, also generally, when you rent in an HOA, you are just as bound by the rules as the owner of the condo.

    Quote Quoting John81
    View Post

    2) Were the owner and property manager obligated to tell me that there is construction happening in the building? (There are other tenants in the building that have moved out for the same reasons)
    How would they know? They both live off-site, right? You can infer that they knew, but I don't see how you can prove it if you had to go to court.

    Quote Quoting John81
    View Post

    3) What are my legal options here?
    From a legal standpoint if you breach the lease there are financial consequences. Whether you have any defense to those consequences is anybody's guess.

    But I can tell you one thing. As long as you are waiting for permission to leave, they'll play the stall game until it won't make any more difference.

    If you want to move, then move. Then handle what comes, when it comes.

    1. Sponsored Links
       

Similar Threads

  1. Breaking a Lease: Can I Break a Lease Due to Construction Noise
    By Gxy616 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-20-2013, 12:34 PM
  2. Breaking a Lease: Lease Agreement Signed with Previous Management, Breaking Lease Consequences
    By briadams in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-23-2012, 11:10 AM
  3. Rental Agreements: Breaking Lease Renewal Before Lease Term Begins
    By rindsight in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-12-2011, 01:46 PM
  4. Construction Not Finished in Time of Lease
    By matrixfan321 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-17-2010, 11:41 AM
  5. Rental Agreements: Breaking A Lease And Lease Option Amid Possible Foreclosure
    By bryankb30 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-05-2008, 08:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources