Legal Question in Landlord & Tenant Law in Florida
I have a rental unit with 2 tenants. Tenant A has good credit....Tenant B poor credit. "A" wants to move out and break the lease but "B" is staying. Any recourse for "A" for breaking the lease? Both are on the lease agreement. "A" is only giving us a week or so notice.
2 Answers from Attorneys
It depends on your lease agreement and whether it specifies penalties for each individual tenant. If both tenants are jointly and equally responsible for the rent and tenant "B" continues to pay full rent to you then you would have a hard time proving any damages that could be recovered.
An attorney could probably review your lease pretty fast and let you know what rights you have and could help you redraft your lease to meet your specific needs and requirements. Many of my landlord clients find that their original leases are not sufficient, then we fix them so there is not a "next time"
It really depends,. but they are probably both responsible for the entire rent. Without knowing specifics of your agreement, I would say that you could probably let them both go or hold B to the entire amount and then evict if you don't get the full amount or B could sue A for contribution to the rent. That being said, an attorney would have to review the lease to give you a definitive answer as to what your options are here. Based on my experience with clients, a solid lease agreement from a good attorney can help resolve these issues in the future. Regards,
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