Legal Question in Real Estate Law in Florida

Is it legal for a real estate agent to charge a real estate commision equal to the amount of rent ($1300)?

i am requesting that i be allowed to break my current lease. i was told that i would be responsible for rent until the property is re-leased, cost of bring the property to rentable condition and real estate comission fee of equal to the monthly rent.


Asked on 9/06/13, 12:31 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

yes it is legal and subject to negotiation as part of allowing you out of the lease early.

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Answered on 9/06/13, 12:59 pm
Byron Petersen Byron G. Petersen P.A.

I have never heard of a lease default entitling the landlord to recoup a commission that was already funded by the landlord. Perhaps it could happen, though how I don't know. And of course- at a minimum- the commission must be pro-rated because you have been living there and I assume earlier paying rent.

If your landlord wants to pay an agent's commission for a replacement tenant that is also rarely pursued against the prior tenant.

As to your lease and the next lease the commission, if any, should be built into the periodic rental.

The landlord's right to demand rent beyond- let's say, the last month's rent is proper though very seldom employed. Also if every one involved went "all in", a defaulting tenant could easily argue that the time to re-let was unreasonable, i.e. that the landlord was not particularly timely in procuring a replacement tenant. Each judge might look differently at this issue, though.

Further- in terms of "rentable condition", the landlord is not limited to the security deposit he earlier received if he got a deposit from you. Remember that you are not responsible for normal and expected wear and tear.

If you are sued- and I am not saying you will be- be sure that you timely comply with the service papers. Tenants so often forget to do this.

This is not a legal opinion and may not be relied upon. An opinion may be obtained only if you formally retain a Florida lawyer and confer.

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Answered on 9/07/13, 2:15 pm


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