Legal Question in Real Estate Law in Florida

Leasing laws

''If we are being transfered out of state unexpectedly and have five more months till the end of our lease what are we obliged to pay?''


Asked on 1/21/02, 12:14 pm

3 Answers from Attorneys

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

Re: Leasing laws

I agree with Scott R. Jay's advice. I would add that you might want to have your employer pay for the costs involved in having to terminate the lease early, assuming its your employer who has caused the early termination to occur.

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Answered on 1/22/02, 10:53 am
Joel Cohen Joel M. Cohen,P.A.

Re: Leasing laws

Unless your lease contains a clause allowing its cancellation, you are not entitled to break it. I would suggest that you contact your landlord and request cancellation by releasing your security deposit. Better yet, see if you can round up a replacement tenant.

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Answered on 1/21/02, 9:34 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Leasing laws

You need to review the underlying lease agreement. There is no law in the State of Florida that allows you to cancel a lease because you are transferred by your employment.

I suggest you review your lease carefully. If the lease does not have a clause terminating the balance of a lease due to a transfer, you might wish to negotiate with the landlord for a "buyout" of the balance of the lease. This could include the forfeiture of your security deposit or a lesser payment for the balance of the lease. Alternatively, you may wish to find another person to assume the remainder of the lease.

This is a serious legal matter and I suggest you meet with a qualified attorney to review the actual lease and discuss your options.

Scott R. Jay, Esq. 305-249-8000

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Answered on 1/21/02, 11:09 pm


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