Legal Question in Real Estate Law in Florida
Early lease termination penalties allowed
In January 2002, I broke an apartment lease with 7 months remaining. I was planning on paying the penalties, but the management and subsequently, the collection agency, sent the notices to the old apartment address instead of the forwarding address I had provided them. Thinking it was a clerical error, I said nothing. Now, the collection agency is telling me I owe them $6000, which is far above and beyond what the lease would call for. I was told that, in Florida, they are only allowed to go after you for the amount of time the apartment was un-rented, and not some exhorbitant amount, which includes ''costs and collection fees.'' Is this true? Did they have a responsibility to at least send the notices to the forwarding address I gave them?
2 Answers from Attorneys
Re: Early lease termination penalties allowed
You imply that in fact you did receive notice, even if it was sent to the wrong address. See prior reply . If you are sued the court should apply Forida law to measure damages.
Re: Early lease termination penalties allowed
Although I would have to read the lease in question generally the tenant is responsible for the rent until the apartment is rerented. The landlord must make reasonable efforts to rerent.
If the lease provides for attorney fees and they are actually incurred the landlord may be entitled to payment from you. Good luck.
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