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  1. #1
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  2. #2

    Default Re: Can You be Charged an Early Termination Fee if a Landlord Finds a Replacement Ten

    Quote Quoting adjusterjack
    View Post
    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.

  3. #3
    Join Date
    Sep 2005
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    Posts
    98,846

    Default 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.

  4. #4

    Default 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.

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