Legal Question in Landlord & Tenant Law in Florida

Re: Breaking a rental lease

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Yes. You can either make the agreement with the landlord or you can choose to break the lease. The landlord has the duty to mitigate damages by trying to rent it to another, but your unit will not receive any priority over any other unit. The second option will subject you to litigation. Pursuant to the normal terms of a rental lease agreement, you will be responsible for all court costs, unpaid rent and a reasonable attorney's fee.

A third option would be for you to find a tenant to take over your lease and provide the tenant to the landlord. This may expedite the process and minimize the damages which you incur. You can advertise in the newspaper or post the unit in available places.

Scott R. Jay, Esq.

Re: Breaking a rental lease

Assuming the lease agreement is well written, it is very likely you are liable for the rent until it is re-rented. You may wish to have an attorney review it. The landlord will probably have a duty to mitigate the damage, that is, he must actively try to re-let the unit. Your lease may also require an accelerated payment if you do not actually occupy the premises. You should try and negotiate with the landlord, possibly offer a lump-sum payment in exchange for releasing you from the lease obligation. You can also assist in finding a new tenant.