Legal Question in Real Estate Law in Florida

Lease Termination/Job Transfer

I currently have a one-year lease with an apt complex, which I am terminating due to a job that I am taking 250 miles away. I have not been able to gain permanent employment at my current place of residence. I have reviewed the Florida Statute, Civil Practice and Procedure, Chapter 83, and am aware that the landlord will be required to return my deposit as long as no damages have been incurred, and they can re-rent the apartment. My question is they are requesting a termination fee of $660.00 equal to one month's rent....do I have to pay this fee if they immediately re-rent the apartment, and I paid a pet fee of $350.00 for the year, are they required to return part of the pet fee?


Asked on 5/15/01, 11:51 am

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Lease Termination/Job Transfer

Without reviewing your lease agreement, we cannot provide you with any meaningful guidance on the issues you have raised. Review your lease, which controls the landlord-tenant relationship. In most instances, finding a job 250 miles away from the apartment, does not provide the tenant with a right to unilaterally terminate the one-year lease. Also, in most residential leases, pet fees and other fees required at the inception of the lease term are not pro-rated. And, even if they are able to be pro-rated, it is likely that the tenant forfeits that right if it breaches or defaults under the lease by attempting to terminate the lease in violation of its express terms and condition.

If the lease specifically requires a termination fee of $660.00, then you probably are legally bound to pay such fee in exchange for being released from your obligations and liabilities under the one-year lease. If you have a replacement tenant that is willing to move in immediately upon your move, try to persuade the landlord to entirely waive (or at least reduce) the termination fee since the landlord will not be damaged or incur costs associated with marketing and re-letting the property to a new tenant. Good luck.

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Answered on 6/22/01, 10:45 am


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