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  1. #1
    Join Date
    Feb 2007
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    2

    Default Early termination with voided penalties in Florida

    I signed a 12 month lease with a management company in Orlando, FL. The lease states that it is required to give a 60-day notice, however, the prior and following paragraph VOIDS the penalties. A new management company has taken over my Condo converted to Apartment, and they are stating that we are still held responsible for #16 and #18. Based on the lease (as you can see portions below), my interepretation is that They want a 60-day notice, but that there are no penalties for an early termination. My lease ends On March 31, 2007, however, I have found a townhouse and I will start paying on that as of March 1, 2006. I sumitted my intent to vacate today and was notified by the property manager that I will owe the charges listed in the strickout. She didn't understand why the lines were stricken out and stated that a line across the each line of the paragraph does not void it.
    Will I be held responsible for the liquidated damages and the last month's rent?

    "#16-DEFAULT BY RESIDENT" (stricken out):"...The parties agree in advance that if the residentvacates the premises..., Resident shall be liable to Manager for the amount of $3000 which amount shall operate as liquidated damages...Manager acknowledges the liquidated damages constitue Manager's entire remedy for lost rent due to resident's default under this Lease..."

    "#17 TERMINATION AND RENEWAL": "This lease may be terminated byManager or Resident at the end of the original Lease Term...upon the part desiring to terminat giving the other party 60-days writted notice prior to the intended termination date..."

    [B][U]"#18 EARLY TERMINATION BY RESIDENT" [B](Stricken out): "...Resident shall have right to terminate this Lease at any time by delivery of a 60 day notice to Manager and paying ...$1000 representing liquidated damages...Resident must pay all rent accured for the days..."

  2. #2
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    Default Re: FL-Early termination with voided penalties

    From what you write there should not be any penalties; just the regular payments due under the contract until the conclusion of the notice period.

    I'm assuming, of course, that the signed original contract reflects the strike-outs.

  3. #3
    Join Date
    Feb 2007
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    2

    Default Re: FL-Early termination with voided penalties

    Quote Quoting Mr. Knowitall
    View Post
    From what you write there should not be any penalties; just the regular payments due under the contract until the conclusion of the notice period.

    I'm assuming, of course, that the signed original contract reflects the strike-outs.
    Yes the original Contract has the strickouts on it, done by the management office.
    When you say conclusion of the notice period, you are reffering to out notice
    (intent to vacate) right?

  4. #4
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    Default Re: FL-Early termination with voided penalties

    The end of the sixty day notice period. Is there any other notice period I should be aware of?

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