Legal Question in Landlord & Tenant Law in Florida

Paying for a rental home in a 1 time installment

My husband and I are renting a home in Fl(we are originally from Indiana). We signed a one year lease and we paid up front for the year. We are now dealing with the terminal illness of my father. We are going to go back to Indiana to spend his last days with him! Our landlord has agreed to let us out of our lease, stating that they would give us back our deposit money of$1200.00. However we feel, according to our lease, our landlord owes us the rest of the rent money minus the last month and deposit, which states...''Landlord acknowledges receipt of the sum of $1000.00 as the last months rent under this lease, plus $1200.00 as a security deposit. In the event Tenant terminates the lease prior to its expiration date, said amounts are non refundable as a charge for the Landlord's troubles in securing a new tenant, but Landlord reserves the right to seek additional damages if they exceed the amove amount.'' When we spoke to them we were told that they have spent the money already. Plus they had to replace the water heater after the bottom rusted off and so they said we could not have any of our actual rent money back. We tried to contact them today and they are out of the country for a month, we want to move back to Indiana by then?


Asked on 1/04/09, 9:20 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Paying for a rental home in a 1 time installment

Typically, a landlord can claim that they are damaged by the breach of a lease in the amount of rent that is lost due to the breach. In other words, if they immediately rent the house back out then they have suffered no loss of rental income, but may have a claim for damages to the property against you.

The clause you quote could allow them to seek additional money for these lost rents. However, without a review of the entire lease and your particular circumstances, it is not possible to properly advise you.

You said your landlord is out of the country but it really is in your best interest to try and negotiate an equitable solution to the breach of lease. You can hire an attorney to do the work for you if you like, but it will likely cost you a couple of thousand dollars, especially if the landlord fights the issue.

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Answered on 1/05/09, 9:20 am


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