Legal Question in Landlord & Tenant Law in Florida

Home Rental Leases

If someone signed a one year lease for a townhome and in less than 7 days changed their mind can they get out of the lease without paying the entire one year committment?


Asked on 2/08/05, 9:43 am

1 Answer from Attorneys

Patrick Dervishi PATRICK DERVISHI, P.A.

Re: Home Rental Leases

Unless otherwise provided in the lease, you are obligated to the landlord for the entire amount of the lease term. That notwithstanding, the issue here becomes that of damages. What can the landlord recover in an action for rent? Basically, the landlord has three alternatives. First, treat the lease as terminated as take possession for his own purposes. Second, take possession for your account. Third, do nothing and sue you when rent is due. What you may want to do is twofold.

Look at the lease and see any outs, which probably you don't have. See also any notice provision. Comply with it. More so, send a notice to the landlord that you intend not to occupy. Afterwards, landlord should mitigate and offer to re-let. His damages are the difference from your total rent to the one to be re-let plus costs. Caution with your deposit. Landlord needs to comply with notice requirements.

This message is not intended to create an attorney-client relationship. Consult an attorney.

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Answered on 2/09/05, 2:59 pm


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