Results 1 to 3 of 3
  1. #1
    Join Date
    Feb 2017
    Posts
    1

    Default What Penalties Do You Have to Pay if You Break a Lease in Florida

    My question involves landlord-tenant law in the State of: Florida
    I am currently lease an apartment. The lease is for 12 months and I did signed the addendum for the liquidation of damages/early termination of the lease option one of the Fla.Statu 83.595 that are basically 2 months. I was thinking that by signing this I was only liable for that flat fee and I can walk out of my apartment at any time. I went to the office today to let them know I was leaving because I bought a house, and now they want me to pay the flat fee plus I am subject to a 60 days notice. Can they really go after me seeking this additional 60 days rent? I am paying the flat fee showing on Option 1 why do i still liable for another 60 days? Is there anything I can do? What would it happen if I didn't tell them and just vacate the place? I need some help, i make sure I had the money to pay for the flat fee but no additional 2 months of rent.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Breaking the Apartment Lease

    Quote Quoting Mmiss
    View Post
    Can they really go after me seeking this additional 60 days rent? I am paying the flat fee showing on Option 1 why do i still liable for another 60 days? Is there anything I can do?
    Can't really answer that without reading your lease.

    However, according to the statute the LL is only entitled to one or the other.

    See 83.595(3):

    http://www.leg.state.fl.us/Statutes/.../0083.595.html

    Quote Quoting Mmiss
    View Post
    What would it happen if I didn't tell them and just vacate the place? I need some help, i make sure I had the money to pay for the flat fee but no additional 2 months of rent.
    If you were going to do that I suggest that you just pack up and leave and not pay either. Drop your keys off on the way out and leave a forwarding address (in writing and keep a copy) with the management office.

    The strategy there is that the LL is left with an empty unit and no money from it (other than your deposit, which you will lose) and my own experience as a landlord is that landlord's don't like empty units that don't bring in any money.

    Therefore he will have to choose between 83.595(1), (2) or (3).

    No guarantee here, but it's not likely going to be (1) because that would absolve you of any liability and it's not likely to be (3) because then he'd have to wait until the lease is up to go after you for the money.

    So he's more than likely to re-rent as soon as he can and then you will only be liable for the period from your move out until the re-rent date because basic contract law does not allow him to profit from your breach so charging you for any more than that period (plus any additional expenses) would not hold up in court.

    Unfortunately, you do run the risk that he might have a high vacancy rate and he is allowed to concentrate on filling other units before getting to yours so, eventually, you could be liable for weeks or months. The advantage to you is having your money in your pocket gives you some leverage for negotiating a written settlement agreement that would avoid a lawsuit and trashed credit.

    The reason I say leave a forwarding address is if you don't and you get sued he need only serve you at the last known address. You won't know about the lawsuit and he'll get a default judgment which will follow you around for years while the debt gets higher and higher.

    Understand this, though: You are the breaching party. You are the bad guy. Whatever you choose to do can bring financial consequences to you that you won't like.

  3. #3
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Breaking the Apartment Lease

    Did the addendum on your lease include this notice of the 60 day requirement?

    If so, then yes, you are liable for both the 60 day notice (but no greater than 60 days) plus the additional two months rent.

    "What would it happen if I didn't tell them and just vacate the place?"

    Then you can be sued for the remaining months of rent on your lease until the landlord can find a suitable replacement tenant for you.

    Gail

    1. Sponsored Links
       

Similar Threads

  1. Juvenile Court: Sexting at 17 in Florida, What Are the Penalties
    By wolvenfrost in forum Juvenile Law
    Replies: 1
    Last Post: 09-05-2013, 03:37 PM
  2. Service Providers: How to Break a Contract While Avoiding Penalties
    By us11csalyer in forum Consumer Law
    Replies: 4
    Last Post: 07-29-2013, 10:25 PM
  3. Breaking a Lease: Can I Break a Lease if There Was a Shooting and Break-in Right Next Door to Me
    By NeedHelp812 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-10-2012, 07:33 PM
  4. Contempt Penalties In Florida
    By granddad50 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-05-2008, 01:05 PM
  5. Moving Out: Early termination with voided penalties in Florida
    By Lillysun16 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 02-07-2007, 01:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources