Legal Question in Landlord & Tenant Law in Florida

Florida Landlord/Tenant Law

I'd like to buy my first home and I've heard rumors that there is a law stating that if you give adequate notice, you can get out of your lease without penalty to buy a home. I can't find any documentation on it though. Is this a real law? Can you direct me to a website that I can print out and show to my leasing company if so?


Asked on 4/21/08, 10:06 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Florida Landlord/Tenant Law

Internet legend. There is no such law allowing you to breach your contract.

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Answered on 4/21/08, 10:52 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Florida Landlord/Tenant Law

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.

There is no such law. A lease is a Contract between two parties and cannot be breached unilaterally by either party. If you breach the lease, the landlord can sue you for damages for unpaid rent for the balance of the lease unless you are able to mitigate the damages by finding a subtenant.

Scott R. Jay, Esq.

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Answered on 4/22/08, 12:01 am


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