Legal Question in Real Estate Law in Florida
I had a lease for an aparment in Florida and
lost my job as painter because of a lay
off. I had to leave out of state for job training
because I could not find another painting job because of the economy.
Because I still had six months on the lease and now they are trying to sue for the r
remaining months. I could not afford to stay there with the low paying jobs
available. Please can you tell me if I have any recourse.
Thank you
2 Answers from Attorneys
First, check the lease agreement to see if it has a termination clause, and if there is a penalty fee for breaking the lease. Second, the landlord must mitigate his/her damages by making an effort to re-rent the apartment. If he/she can re-rent the apartment, you are only liable to pay for the time it was vacant. Third, there is no "trying to sue" you -- either they have filed suit or not -- so figure out the status of the lawsuit. If you can't work out something with the landlord, you all will have to let a judge decide what is fair. You will have to pay something because you broke your lease, but probably (maybe) not 6 months rent.
If you broke the lease agreement, you will be required to pay some damages. You should have given notice of your early termination as required in the lease agreement. You should read through it. The landlord will have to file a complaint in court and then you will be served a court summons. Answer the complaint within the required time to avoid a default judgment. Regards,