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!