Legal Question in Landlord & Tenant Law in Florida
Am a disabled 57yr old lady, and have rented my apartment 5yr with year to year lease. Lease has 5mo remaining and I need to vacate to be near to my seriously ill mother. Realize will lose my $500 security, but would like a general opinion on whether manager can sue for the 5 remaining months and is likely to require me to liquidate a $5,000 cd that I'm saving for emergency health needs.
Thank you,
Cindy
2 Answers from Attorneys
You may be liable for the remaining 5 months on the lease. Look at the lease to see if there is a provision in it which provides a penalty for vacating early. Also, the landlord must reasonably try to get another tenant, and if he can during that 5 month period, then you are only liable for the time the apartment was vacant and/or the difference is rent (if the landlord rents it out for less than you are paying).
Yes, but the landlord must try to find a new tenant to mitigate his damages. Review your lease and ask the landlord to let you off the hook. If the landlord does, put it in writing.