Break a lease

[kalana]

I leased a vacation rental in Florida. Sent a deposit check of 470.00. 7 days after the contract was fully executed, plans were changed, and vacation was cancelled. I called the LL and was told that I had to give them 30 days notice in order to cancel. I didn't even have 30 days notice to give them. I cancelled it 7 days after the contract was fully executed. The day we were supposed to rent the house was 7 days later. So, there was no way possible to give 30 days notice..??!! So basically, technically, I was not even given a cancellation option. They did not change the 30 days on the contract to reflect this situation with short notice on renting a place. I stopped payment on my check. Can they take legal action?

[OHlandlord]

Sorry Kalena, but you are liable for this money. You signed a contract with a clause stating you had to give 30 days notice to cancel. When you signed the contract, you knew at that time there was no way you would be able to give this notice. You only had 14 days until the vacation was to begin. So when you signed you should have known it was not cancellable. You should have known at that time that there was no way you could give them the required notice.

As such, the contract had no cancellation clause for you. You signed it knowing this and are liable for the amount stated in the contract. I suggest you contact the company and either negotiate a lessor amount (they may be amicable to this is they managed to re-rent it) or make arrangements to pay them. I don't mean to scare you, but they will file a small claims court case against you. You will have to travel to the area for the case or lose it automatically. I don't see you winning this case even if you do attend. A judgment will be granted to them and placed on your credit report or liened against any property you own. It can also be garnished from your wages. I suggest you call this company and try to negotiate.