Legal Question in Real Estate Law in Florida

Terms of Lease

University student signed Lease for rental of Univ. affiliated housing. One of the requirements to rent is to be a student at the University of Central Florida in Orlando Fl. Student has now decided to withdraw from UCF and attend school in NY. However, landlord will not release student from lease agreement even though student no longer meets requirement of lease, attending a FL University. Student cannot live on the premises if not a registered student, but must pay out the terms of the lease, 1 yr from Aug. 2002. Seems unfair. Student has not decided to continue to attend Univ and just attempt to dump the apartment, student is legitimately leaving state of FL to attend another school. Have had conversation with landlord to come to some compromise. They are demanding payout of lease or will allow sublet. Sublet is unlikely at this late date. School starts in 1 week. Anything we can do to break this lease. Feel we have a legitimate reason and that landlord is being unfair. Need answer asap. Thanks


Asked on 8/08/02, 11:17 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Terms of Lease

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. And by reading this communication, you agree that this communication will not be furnished to any third-parties.

Based on the facts that you have provided, the law is that generally, unless the lease agreement provides that in the event lessee is no longer a student then lessee may terminate the lease then, you are obligated to fulfill the terms of the contract. However, you may be able to assign the lease depending on the terms of your lease, or according to you, your landlord is allowing you to sublease the apartment. Ask if you can simply pay an early termination fee or if you find tenants acceptable to the landlord, whether you can pay a nominal fee to cancel the contract between yourself and the landlord. If you require my involvement, you may contact me at (305) 769-3000. Good luck.

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Answered on 8/09/02, 8:25 pm


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