Legal Question in Real Estate Law in Florida

Landlord/tenant: discrepancy on terms of lease

We are having a house built. We rented an apartment with a 7 month lease, which ends 9/30/99. The closing of our house is estimated to be 8/15/99, 6 weeks prior to the end of the lease. Our plans are to give the required 60 day notice on 7/30/99 (spanning 7/30 to 9/30), move out the middle of August, keep posession of the vacant apartment and pay the rent for the remaining six weeks of the lease. The apartment complex says we are violating the lease and wants to charge us a 2 month "early termination" fee. We feel we are meeting the terms of the lease by not officially turning over the apartment until 9/30/99. My question is: Even though the rent will be paid until the expiration of the lease, and even though we will maintain possession of the apartment, do we technically have to be living in the apartment to fulfill the lease contract?


Asked on 6/13/99, 6:49 pm

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Landlord/tenant: discrepancy on terms of lease

While it is legal to include in a lease a provision requiring actual occupancy and use of the premises, I've never seen such a provision in a residential lease. The terms of the particular lease will govern this, though. A landlord can sue to recover possession if the tenant has abandoned the premises, but if the rent is current and the tenant has notified the landlord in writing of an intended absence it will be very difficult to show abandonment. It might be helpful if the tenant's letter to the landlord states that the tenant intends to return to the apartment before the end of the lease term (and to terminate the lease at its end). The early disconnection of basic utility services could give the landlord an argument that the property has been abandoned.

It's not clear from your description what the landlord wants out of this. There isn't going to be a lease renewal, so does the landlord want the apartment back early?

The above is a discussion of general principles of law -- I can't give legal advice on a particular situation without consulting the client and reviewing all documents.

Read more
Answered on 7/09/99, 9:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida