Legal Question in Landlord & Tenant Law in Florida

reasons for breaking lease early

My daughter is in a 1 yr lease which ends 7-31. She also has a son with terminal, multiple disabilities. We have found a place in pinellas county which will help with children like this. The rental home is currently in pasco. pasco has nothing to compare to this place. But to get on waiting list, she must live in pinellas. My daughter gave a written email letter to out of state owner & cc to agent here. They both responded showing acceptance of letter. She must have help like the facility because she has lost her job trying to care for him. She thought she & owner were in agreement, she used last mo. prepd. rent for May. Now owner is requesting she pay May with late charges and June rent. My daughter has posted home & advertised to find renters. To her knowledge neither owner/agent has posted for rent. Is there anything that gives acception to break lease for health care which is not available where you are? Grandson is total 100% care. She has never been late on the lease. She wrote letter back explaining her situation and was told sorry, but must have rent/late fees and pay for 2 more mons. This doesn't seem right. She lost job caring for him, I have helped her and after all she has done, isn't there something in her favor?


Asked on 5/18/07, 12:07 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: reasons for breaking lease early

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.

Unfortunately, Florida law does not make health issues a reasons to break a contract which is what a lease is. Frankly, if it did, based on the makeup of the population, a substantial percentage of the residents could claim health issues as grounds to break a lease, a purchase contract or the like.

Your daughter's best bet is to negotiate with the landlord to try and resolve all issues. Any agreements should be in a formal writing and not email so that it can be preserved with original signatures. She may be able to sublease the residence.

Your daughter must be careful as there is a new Florida law which is currently pending which will place a 2 month penalty on any broken lease. To my knowledge, this has been passed by the recent legislature but not yet been signed by the governor. If signed, it could take effect as of July 1, 2007.

Scott R. Jay, Esq.

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Answered on 5/18/07, 12:37 pm


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