Legal Question in Real Estate Law in Florida
What about roommate of a member of the military who becomes deployed overseas?
My roommate is being deployed to the Persian Gulf. He was told that he will be gone 6-12 months. We have a joint lease on our apartment that ends Aug. 1. We presented the property managers with our predicament and they offered a few options. One would be to get a new roommate to take over his room for the remainder of the lease (which I can't pull off). Two would be for me to pay the full amount of the lease (which I can't and won't do). Three, they said they will terminate the lease in one full month after being notified (so, lease ends effective March 1) and I would have to find a new place to live. The girl we talked to said she wasn't certain on the landlord/tenant laws in Florida but said she would tell her supervisor that military deployment can make the lease void for both of us. I'm going to have to go with choice 3, but they said that there would be a half-month's rent early termination penalty. Being a college student, I'd really rather not have to pay anything more than I absolutely have to.
I'm wondering, assuming there's no explicit mention of such a fee in my lease, if this is an unjust charge.
Do I have any chance to fight this charge?
2 Answers from Attorneys
Re: What about roommate of a member of the military who becomes deployed oversea
Wait for the reply from the deployment office. If your roommate was on the lease there may be an avenue of escape under the ptovisions of the Soldiers and Sailors Relief Act. Then resubmit your question with the additional detail. In the meantime do not do anything.
Re: What about roommate of a member of the military who becomes deployed oversea
Assuming there is any relief available under the Soldiers and Sailors Relief Act, it is unlikely that such relief will benefit you in any way since you are not in the military and, consequently, you are not being deployed to the Perisan Gulf by the US Government. In other words, you may not be entitled to any protection under such Act, assuming it provides any under the circumstances in the first place. If the landlord is willing to release you from the lease in exchange for payment of only one-half of one month's rent ("lease termination fee"), I strongly urge you to consider taking that offer. It is a reasonable offer, and probably less costly than retaining an attorney to fight with the landlord's attorney, and no attorney will be able to guaranty you a victory, nor recovery of any money (including the attorney's fees and costs). Since the cause of the termination of the lease is your roommate's military service, your roommate should pay the entire lease termination fee. If you decide to pay the lease termination fee, make certain that you and your roommate get a written release of all rent, liability and responsibility under the lease agreement signed by the landlord's authorized representative. Good luck.