Legal Question in Real Estate Law in Florida

Breaking a lease in fl

I moved in with my boyfriend and signed a year lease. we broke up because he hit me. now he wants the apartment still but im moving out and i dont think i should have to pay half the rent still? can he sue me for half the rent?


Asked on 11/16/08, 10:35 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Breaking a lease in fl

Yes.

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Answered on 11/16/08, 11:54 am
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: Breaking a lease in fl

Depending on the specific terms of your lease, Florida Law now permits tenants to terminate residential leases early for a penalty of two months rent. If this "Early Termination" provision is contained in your lease, then you have the option of sending notice to Landlord of your intent to terminate (send written notice by certified mail), pay two month penalty, and Landlord by law must remove your name from the lease.

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Answered on 11/17/08, 8:33 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Breaking a lease in fl

You should be asking two different questions. (1) If you signed a lease with a landlord (Assuming the landlord is not your boyfriend) then I cannot see why you would not be liable to the landlord for what you agreed to pay the landlord when you signed the lease. However, if your boyfriend is paying everything to the landlord, then it is unlikely that the landlord will pursue you for collection. (2) As to the boyfriend, first if he hit you, then you should have a cause of action against him for Battery. Hopefully you reported it to the authorities. Next, if he did hit you, then you would have a possible defense to any claim that he had against you for failing to pay your portion of the lease. Your defenses would be "impossibility", "Frustration of purpose" , "breach of implied covenant to act in good faith and with commercial reasonableness", and "constructive eviction" because no one should have to live in an apartment under those conditions.

Good luck,

Randall Gilbert

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Answered on 11/16/08, 10:48 pm


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