Real Estate Law (esp. Landlord-Tenant)/BREAKING A LEASE

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Question
Hi,
Thanks for volunteering. My son is a student in Orlando Florida. He is in a quad apt. Hi lease is up July 31. Because they did not raise the rent he signed a lease for another year starting Aug. 1. His commute now is to another campus near Disney World. He wants to negate the new lease. He paid $540.00 to the complex to find someone to take his spot as the apts are 4 bedroom, 4 bath individual leases. The complex says they fill there "available" apts before they try to "find" someone to take over his spot. He has another place to live but cannot obviously do anything until this is resolved. Is there any way to get out of the lease short of being responsible for the entire year? Thanks in advance for your input!

STEVE

Answer
Hi Steve,

You need to review the lease very carefully. Sometimes leases will say that the tenant is responsible for the remainder of the term if the tenant cancels early. But oftentimes, there will be a provision that requires the landlord to actively seek a new tenant to offset the loss. When a new tenant is found (however long that takes), then the responsibility of the tenant who vacated early is done. So double check the lease to see if it has this type of provision. Also consult FL law here: https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588?OpenDocument

Finally, you may want to contact a FL attorney.

Thanks for your question!

David Piotrowski
Attorney at Law
http://www.AttorneyDavid.com

*No Attorney/Client Relationship and No Legal Advice -

Nothing contained herein is intended to be, nor shall be, legal advice. The above information is not intended as a solicitation and is not intended to be legal advice.  It is your responsibility to seek out competent legal advice from a qualified legal professional before making any decisions relating to your issue.  The hiring of an attorney is an important decision and should not be made based solely on advertisements.

Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.

Expertise

My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.

Experience

Please visit http://www.AttorneyDavid.com or http://www.facebook.com/david.piotrowski.attorney for more information on my practice.

Education/Credentials
Juris Doctor (JD) and Member of the State Bar. Attorney.

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