Legal Question in Landlord & Tenant Law in Florida

Breaking a lease due to management not inforcing their rules

We have lived in an apartment for 3 mos and there are signs posted about certain rules that need to be followed. Some residents are not following the rules, we keep reporting it to management and thier story keeps changing about what the rules are even though there are signs and the rules are stated in the lease. We want to break the lease without penalty due to their not keeping their end of the lease agreement to keep the property safe and secure.


Asked on 8/29/07, 2:55 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Breaking a lease due to management not inforcing their rules

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 information, 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.

Depending on the rules which are being broken you might have some recourse but without more explanation, it is impossible to give any opinion. You should sit down with the management and discuss the problems and give them the opportunity to take corrective actions. If this not resolve the problem, give them 7 days written

notice before doing anything. You should also have an attorney review the lease and advise you of your legal rights and remedies to determine if you have the right to break the lease before you do.

Scott R. Jay, Esq.

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Answered on 9/01/07, 12:44 am
David Slater David P. Slater, Esq.

Re: Breaking a lease due to management not inforcing their rules

You must provide the Landlord with 7 days written notice to cure their default. Whether you could then terminate or be entitled to a reduction in rent depends on the severity of the issues.

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Answered on 8/30/07, 11:11 am


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