Legal Question in Real Estate Law in Florida

break lease

In my lease, it specifically states that my security deposit will be withheld for any default to my lease agreement. I now want to break my lease and am fine letting the sec deposit go, but is there anything else I need to consider. There is one paragr. in the lease that I don't understand and am concerned that by this I may be held legally reponsible for the rest of the lease term.

"If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provisions shall be deemed to be written, construed and enforced as so limited."

Thank you in advance for your prompt reply in this matter.


Asked on 9/15/00, 9:43 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Concerned re. Breaking lease

FACTS: Lease states that security deposit will be withheld for any default; I want to break my lease; willing to forfeit sec. deposit;

Q. Concerned re. one paragr. that I may be held legally reponsible for rest of lease term: "If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provisions shall be deemed to be written, construed and enforced as so limited."

A. This para. is a "catch all" phrase that is put in to hopefully save the lease or a paragraph from being declared totally invalid, if any one provision is found by a court to be invalidate. It has nothing to do with your Breach of the Lease.

You do need to be cautious. Clean the unit and get pictures and a witness, if possible. Leave a forwarding address. Try to find someone to take over your lease. Check your apt. afterwards to see when it was re-rented and get the new tenants name(s).

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Answered on 10/17/00, 11:30 am


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