Legal Question in Real Estate Law in Florida

landlord & tenant

The landlord has a duty to mitigate its damages, in this case by re-letting the premises. The amount of damages cannot be fully determined until the term expires. Best hope is to settle. If not seek the assistance of counsel.

Breach of lease agreement

Legally, you are obligated for the full amountof the rent plus attorney's fees and costs.You are the right though that in the real world,it sometimes does not work out that way. I'vehad cases where the judges did not award the total amount of the remainder of the lease. However,I would never count on that happening.

Damages for Breach of Fl. Lease

In the real world, how are these cases handled. Also can I expect to have to pay the landlords legal fees if I lose.

I agree with Alexander Rosenfeld that the landlord will have to mitigate damages by reletting the premises, if possible. However, in the real world, once the landlord sues you, the parties to the lawsuit will be ordered to mediation. This will be your best chance to settle. Yes, you will be liable for the landlord's reasonable attorneys fees but these are also negotiable. You should write a letter offering to settle before the landlord turns the matter over to his attorney and files suit. You should offered to mediate your claim. The local bar association may have such a program you could utilize. Then you could argue that any attorneys fees are not reasonable under these circumstances. If your landlord agrees to mediate before suit, then neither of you will need the services of an attorney unless you do not reach agreement.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!