Buying or Selling a Home/Breaking a lease

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Expert: - 3/23/2009


Question
I have heard that there is a law that states that you can break a lease in Florida if you are planing on buying a house.  I signed a lease in November 2008 and it does not end until November 2009.  The market is good right now and there are houses within reach.  There is no statement in the lease about breaking it or how to break it. I've read Florida Landlord-Tenant laws and frankly am lost.

Answer
Hello Karyn - If the contract does not provide any verbiage and the State's Landlord Tenant Act does not provide this option then it does not exist. I am not aware of any law stating this. The 'term' that would allow a tenant to 'break' a lease prematurely for the reason of closing on the sale of a home is typically not found in lease boilerplate but rather introduced as a 'condition' of the lease and typically found in an addendum to the lease. Additional terms and conditions may be agreed to (in writing) by the parties in any contract/agreement providing the terms comply with state statutes. The secret of a great contract person is their ability to foresee a future need or event and include the conditions at the time of lease execution. Last but not least, you may try to discuss your purchase with the landlord and offer some 'new' arrangement that needs mutual (Both yours and the landlords) written approval. This could also be an amendment or addendum to the existing lease indicating the new terms and conditions. You may offer to pay 1/2 the rent until a new tenant is found... or a flat fee to 'unconditionally release you from the lease'... or you could pay for advertising for a specific duration on behalf of the landlord to reduce the landlords expenses in finding a new tenant... usually the new tenant stays longer than you would have stayed according to your current lease anyway! So there is a benefit to both you and the landlord. Your options are not limited by the landlord.... only by your creativity or lack thereof. Communication is the best resolve for changes in a parties wishes. Give the landlord a call. Hope this helps. - Todd

Buying or Selling a Home

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Todd C. Menard

Expertise

National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: 05/05 Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders

Experience

National Association of REALTORS Board of Director (2011) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-Present), Arizona Association of REALTORS Professional Standards Committee (2008-Present), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President-Elect (2011) Southeast Valley Regional Association of REALTORS Board of Directors (2008, 2009), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-Present), Southeast Valley Regional Association of REALTORS Education Committee (2008), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

Organizations
National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

Publications
"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), SEVRAR Magazine, Internet Crusade, RealTown ListServe, Blogger.com, Active Rain

Education/Credentials
- AAR Certified Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

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