Legal Question in Real Estate Law in Florida

early lease break

When we rented the property we were required to pay in advance the security deposit, the last month's rent and the 11th month's rent. Our rental agreement states that if the tenant terminates the lease prior to expiration( 1 year) the security deposit and the last month's rent are non-refundable. We agreed to these terms when we signed the lease. However, we never agreed to forfeit the money paid in advance for the 11th month's rent.The rental office says we will lose the 11th month money too. Can they keep that money or are we entitled to get it back?


Asked on 10/24/02, 12:12 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: early lease break

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.

RESPONSE: If a liquidated damage is deemed a penalty then it will be declared entirely unenforceable. To the extent that your landlord is trying to penalize you at 25% of the contract that may be deemed a penalty and the entire amount may be held unenforceable. Under your facts, if you did not agree to give the 11th month payment then you shouldn't have to give it. Good luck,

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Answered on 10/24/02, 5:52 pm


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