Legal Question in Wills and Trusts in Florida
We have a lease that goes until June 2011. We have lost 500 a month. We can not make the rental payments. If we give notice does that still count as abandament?
2 Answers from Attorneys
Hi. I don't really understand your question. However, if I assume you are the tenant under a lease, you are unable to afford rent payments and you plan to give notice to vacate, I'm not sure how abandonement comes into play. Regardless whether you "abandon" or give notice, if you terminate your lease before the end of the lease term, you will be in default under your lease and subject to suit by your landlord for monetary damages.
You are still responsible for anything you owe under the lease for monthly rent, and the landlord may evict you for failure to pay the full rent when due. Read your lease to see if you can give notice to terminate early. Otherwise you may want to speak with your landlord and if s/he agrees to allow you to terminate the lease early at no extra cost, put it in writing and have all of the parties sign it. Information on Florida landlord-tenant law with links to the Florida Statutes can be found at: http://www.800helpfla.com/landlord_text.html
Regards,