Legal Question in Real Estate Law in Florida

Lease Agreement?

Hello! I have a question about my lease agreement. I entered into a 12 month contract for an apartment in Gainesville, but they do not allow early-terminations. I signed the contract when I was only 17 and had my mother cosign with me to legalize it. She signed both the lease and my parental guarantor, but she passed away and I moved home to be with my family. Is the lease agreement still binding as I was a minor when it was signed, and my cosigner has died? I just want to know if I need to continue paying rent to an apartment I'm not living at, as they wouldn't let me pay an early termination fee. Please get back to me on this. Thanks so much!


Asked on 6/16/07, 1:28 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Lease Agreement?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I have never faced a question like this in practice. It is very possible that the lease may be unenforceable against you but enforceable against your mother's estate, if any.

You should meet with an attorney who can review the lease and advise your of your legal rights and obligations. Perhaps a letter from the attorney will get a positve response to the offer of a buyout.

Scott R. Jay, Esq.

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Answered on 6/16/07, 1:38 pm
Johm Smith tom's

Re: Lease Agreement?

I agree with Mr. Jay. A letter from an attorney may help you persuade the landlord to terminate the lease. In any case, I wouldn't want to be the landlord's attorney trying to collect from your mother's estate.

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Answered on 6/16/07, 1:53 pm


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