Legal Question in Landlord & Tenant Law in Florida

Re: Letter requesting release from lease agreement.

My landlord requested me to write it: "per our telephone conversation, I am requesting to be released from the lease agreement in order to avoid a potential lawsuit. I understand that an eviction will still take place, however there will be no lawsuit filed if I request this release from the lease."

That is what he asked me to put in writing in order to avoid a lawsuit. He needed this done before he could proceed with the perspective tenant. He told me that if I didn't request the release, that he would "sue the pants off of me". I signed it and sent it to him via e-mail (scanned it and sent it the same day). He then forwarded it to his attorney. I was notified about a week later that the deal had fallen through due to a disagreement about the rate for the additional unit. He is now suing me. I have since moved out. Do I have any recourse? Can I get myself out of this lawsuit?


Asked on 10/18/09, 6:19 pm

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

Your letter was just a request, by its very terms. As a request, he could (and apparently did) reject it.

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Answered on 10/18/09, 7:42 pm
Lesly Longa Longa Law P.A.

Unfortunately, it does not appear you had a written agreement with your landlord for the release. I would bring the letter to the proceedings and explain that he verbally agreed to release you from the lease in exchange for your written request. It might not get you out of paying some damages because it is your word against his and you are still bound by your lease agreement with the landlord. Regards,

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Answered on 10/19/09, 12:00 pm


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