Legal Question in Landlord & Tenant Law in Florida

I signed a one year lease at my current apartment community in Clearwater, FL. The lease contract included a strange arrangement where it listed the "Market Rent" of the apartment, which was a grossly inflated monthly amount.

The contract then said that each month I am receiving a discount; the "market" rent minus what I actually pay. This amount is about $200 to $300/month.

Finally it said that if I were to break the lease contract, all the concessions and discounts I received would be due. In the contract, just for this arrangement, there was a choice presented: 1. I agree to this, or 2. I do not agree to this and if I cancel I will be brought to court to settle the cancellation damages. On this I checked that I do not agree to that arrangement.

Is this repayment of a monthly discount on such an inflated "market" rent enforceable?

Thanks so much for the help!


Asked on 9/08/09, 5:20 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Yes. In fact, it's not a "strange arrangement," it's a rather common practice in the larger apartment complexes, at least in the Tampa Bay area.

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Answered on 9/08/09, 5:35 pm


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