Legal Question in Landlord & Tenant Law in Florida

My name is Vanessa I just moved into an apt on Nov. 24th 2010 in FL and two weeks later I got pre-approved for a county fund and mortgage loan to move me into my first home. Since it is a county fund given to first home buyers, I have to move fast and find a home before the funds run out. I told the apt manager about my situation and very rudely she told me: "Well you signed a contract with us so if you leave you will owe us the amount for the year that you signed and quite frankly I have bills to pay too." I believe I have a very valid reason to break my lease and have proof of my pre-approval, which I am quite positive will fall through, and i want to know if I have to, can I take legal action about this matter?


Asked on 12/22/10, 7:41 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Yes, you can take legal action about this matter, the question is whether or not you will win. Your landlord is entitled to the rent for the time period that you contracted for, regardless of whether or not you were approved for funding to purchase a home. Your landlord, however, must also do what she can to "mitigate" her losses. You will each have an opportunity to tell your story to the judge when she sues you for unpaid rent. Your decision to breach your lease will cost you money.

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Answered on 12/27/10, 3:14 pm


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