Breaking a Florida Lease to buy a house.?
We have found a great house in Florida during the current low housing market. We have recently renewed our lease until November. I called the actual home owner and contacted the property management company with no help what so ever. I have always paid on time and kept the house very clean and presentable. It will be spotless when I leave. Any suggestions to try to get out of this lease? they are holding me responsible for the balance of the lease and I have to keep electric on for the pool pump. I have been very fair and up front with them about the entire situation and they don't seem to want to budge to help. Help please.
Public Comments
- Its very hard to get out of a lease. Try to come to a mutual understanding with them of paying so much to get out of it. Make sure you keep that paper as proof.
- Of course the management company is no help. You are telling them you want to break your agreement (Bust a deal, face the wheel; Thunderdome!) On-time payment, that is what you are suppose to do. Keep the place clean, presentable, ditto. The lease is there to protect you _AND_ the landlord. Tell them that you will be out on a specific date. They will bill you for the balance as specified by the lease. If you do not pay, then they must take you to small claims court to recover loss. It comes down to definition of "their loss" There are specific things a landlord can sue for when a lease is broken. You will be sued for the period that the property is vacant. The payment to the end of the lease is the MOST that the landlord can claim. This is not a money grab but simply a way to cover the landlord loss when you leave early. As an example, if the landlord re-leases in 3 months, then legally you are only liable for the damages/loss (3-months in this example). There may be more "loss" if the landlord cannot lease at the same amount. This is what a deposit is for. Finally, take lots of pictures when you leave. There will be finger point about the state of the property when you leave. The landlord will even charge for light bulbs. Anything beyond normal wear-n-tear is game. good luck.
- The landlord has absolutely no obligation to budge. "Getting out of the lease" will require a mutual agreement between you & your landlord. So, when you approach your landlord, be nice, and be willing to pay some money.
- You could find a qualified tenant to take over the lease (with your landlord's permission of coarse). Posting an ad in the newspaper or craigslist can be good places to find someone.
- Ajax4hire had some really good points. Like they said you can only be billed for the time the property is vacant. I would suggest sending a certified letter to the management company giving them a 30 day notice of your intent to leave. I would then, on the day of departure I would try to get someone from the management company to do a "walk through" with you. Have them write down the damages or missing items they see, sign and date the form, then give them the keys. That way they can not later say that you left with all the light bulbs and blinds. I hope this helps a little.
- They don't HAVE to budge. The laws are on their side. You seem to think that a lease is an agreement which must be honored until it doesn't suit your needs anymore. That's not the way it works. Unless the landlords change their minds, you are legally bound to pay rents and electricity until the expiration of your lease in November. If you had thoughts of purchasing, why on earth did you sign for another year ?
- Look up Florida's landlord/tenant laws. The landlord has the option to allow the rental to sit empty and hold you liable for the rent until the lease expires. Not good for you. You need to negotiate an early lease termination or buyout. This is going to cost you. Start off with the understanding that the landlord has the upper-hand in this situation and has no legal obligation to help you or let you out of the lease without any cost to you. The landlord has a legally binding, signed contract. The reality is that you can be held liable for the rent until the lease expires, plus any costs the landlord incurs due to your breach, such as, but not limited to: advertising costs, agent/management fees, court costs, attorney fees, damages, etc. You can be sued for all of the above mentioned costs. A good starting offer for you to make is the amount equal to 2 months rent to terminate all liability. The landlord can always reject or counter your offer. The lease cannot be terminated unless all parties agree. If you come to an agreement, get it in writing.
- You are legally obligated by Florida law and the Landlord Tenant Act to fulfill the terms of your lease. Buying a home doesn't protect you from the lease. You may be able to work out something with the landlord but it seems that the owners are requiring you to do what you agreed to do. Just figure that this is a part of the price of the low priced home that you are buying if indeed you want to proceed. I would recommend that you delay closing on the purchase or just pass on this particular house and look again within three months of the expiration of the lease. Sometimes the sellers are willing to delay closing as it works into their plans so it never hurts to ask. As hard as it may seem right now you may have to not only incur the expenses and payments of a house but also carry the lease as per your agreement. There are always houses for sale and the market is not going to be that much different in November. You have a good chance to look more carefully and find a better house for less money. Just look at it as an opportunity and not as a hardship.
Powered by Yahoo! Answers