Breaking a rental lease
I have signed a lease to move into an apartment but had no choice but to break it due to moving to another town for Grag. School. The landlord has informed me that I must pay rent until they find an tentant to take my place. Do I have any other choices?
Re: Breaking a rental 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. If you do not agree, then stop right here, and do not read any further.
Yes. You can either make the agreement with the landlord or you can choose to break the lease. The landlord has the duty to mitigate damages by trying to rent it to another, but your unit will not receive any priority over any other unit. The second option will subject you to litigation. Pursuant to the normal terms of a rental lease agreement, you will be responsible for all court costs, unpaid rent and a reasonable attorney’s fee.
A third option would be for you to find a tenant to take over your lease and provide the tenant to the landlord. This may expedite the process and minimize the damages which you incur. You can advertise in the newspaper or post the unit in available places.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133
Re: Breaking a rental lease
Assuming the lease agreement is well written, it is very likely you are liable for the rent until it is re-rented. You may wish to have an attorney review it. The landlord will probably have a duty to mitigate the damage, that is, he must actively try to re-let the unit. Your lease may also require an accelerated payment if you do not actually occupy the premises. You should try and negotiate with the landlord, possibly offer a lump-sum payment in exchange for releasing you from the lease obligation. You can also assist in finding a new tenant.
Philip Friedman
Bonifield, Friedman & Leifer, P.A.
3502 Henderson Blvd. Suite 203
Tampa, FL 33606