Legal Question in Real Estate Law in Florida

Hi everyone,

I am a graduate student here in South Florida. I am renting from this property called Equity Apartments, they own a bunch of property.. and mine happens to be called Sunforest Apartments.

Anyway, due to unforeseen circumstances, I have to move out before my lease terminates in July 2010. I am living with one roommate who will stay in the apartment. I have found another person who will take over my room.

Today, I spoke to the property staff and I have to fill out a Roommate Release form which will free me of all financial obligations. They are also making me pay $250 along with this.

I have NEVER heard of such a fee. It was not on my contract and I have had friends who have had other people take over their rooms without having to pay a fee.

I asked where the fee was in writing and they are making me wait until the manager comes in after the weekend.

Anyway, if this fee isn't in my contract, so can they really make me pay it? I am finding someone to take over my room so I dont even know what difference it would make for them. I might as well just not tell them Im leaving!

$250 is a big deal because Im a student and can't afford it.

Any help would be great, thanks!


Asked on 9/11/09, 6:46 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You are asking to get out of your lease -- your contractual obligation. They are not obligated to let you out of your lease, and they do not have to let you sub-let unless it says you may in the lease. Even if you are allowed to sub-let, you are still ultimately responsible, and the management must approve of the new tenant.

I would ask to see it in writing somewhere where it states that there is a $250 early termination of lease fee. But, at the end of the day, if you refuse to pay it, they just won't let you out of your lease and you will continue to be financially responsible for the lease term.

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Answered on 9/11/09, 9:41 pm


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