FL - lease break and contents of apartment

[Jrickers]

I have reviewed my lease agreement several times and it does give the provision of being "month-to-month+ and requires 30 day notice to leave. An addendum in the lease states I must pay an $1800 early termination fee. I'm okay with paying a month's rent and the termination fee...

I have an occupant (I am the lease holder, they are listed solely as an occupant) that would also get the 30 days notice to be able to leave. I'm being told that the occupant would be entitled to half of the things in the apartment. I can show receipts and I would expect they would acknowledge that I paid for everything that was purchased for the apartment. I'm willing to leave household items for them, but am I entitled to the furniture and most things that i purchased?

Originally Posted by Jrickers I have reviewed my lease agreement several times and it does give the provision of being "month-to-month+ and requires 30 day notice to leave. An addendum in the lease states I must pay an $1800 early termination fee. I'm okay with paying a month's rent and the termination fee... I have an occupant (I am the lease holder, they are listed solely as an occupant) that would also get the 30 days notice to be able to leave. I'm being told that the occupant would be entitled to half of the things in the apartment. I can show receipts and I would expect they would acknowledge that I paid for everything that was purchased for the apartment. I'm willing to leave household items for them, but am I entitled to the furniture and most things that i purchased?

Month to month "leases" do not require a termination fee. Which state are you in?

What are you talking about "half the things in the apartment"?

Whatever you paid for and moved into the unit are yours. They don't become someone else's merely because they live there too.

It's Florida... I mean that it does allow me to terminate with only 30 days notice. The roommate and a mutual friend told me that the contents of the apartment we're both of ours meaning we had to split it. I thought this was BS also. She already tried to tell me that I couldn't term the least even though she's only an occupant, I can definitely do that...

so there's no way around the term fee, which is fine by me I can't put a price on my health, safety, and sanity lol

[Friend In Court]

You know what you purchased, what is rightfully yours. So why would you let someone else tell you what you own and what you do not?

As to the early termination fee of $1800, such is not standard in Florida leases. If you have a tenant moving in on your heels, I would challenge this fee for the landlord will be double dipping for rent.

There are plenty of Florida standard form leases online. I would challenge this term of the lease, although it is in the document on the grounds that it is an unreasonable and unconscionable fee. Any contract may contain a clause that is unenforceable or unconscionable. This looks like "one of those."

[Jrickers]

Thank you for the tip on the term fee.

I'm going down there with my parents (family road trip from NY) to pick up the apt contents and sign off on breaking the lease.

Roommate has now told me that she "already checked into breaking the lease" saying it's impossible...yet I called and they said no problem... and her and her friend (who I almost believed because she's a police officer) says that in the state of Florida... because I bought stuff for the apartment... some of it becomes the roommates. total BS but I had to hear it from someone else

I appreciate the replies and headed down there tomorrow... thank you everyone. I'll be taking MOST of the things with me

[Friend In Court]

Since the amount of $1800 is significant, when you come down to Florida it might be worth your while to get an opinion from a Florida real estate attorney regarding that contract. There may be other clauses in it that are unenforceable.

The thing I'm most concerned with is my property inside the apartment...I'm still being told that half of it is hers because she lives there... Florida law anyone?

[Friend In Court]

I am in Florida. There is no law on the books I can find that makes your property hers just by allowing her to use it.

Originally Posted by Unregistered The thing I'm most concerned with is my property inside the apartment...I'm still being told that half of it is hers because she lives there... Florida law anyone?

Urban Legend...or not? Possession is 99% of the law.

Hopefully you can prove that you purchased your property by showing receipts, credit card statements, etc.

Originally Posted by Unregistered The thing I'm most concerned with is my property inside the apartment...I'm still being told that half of it is hers because she lives there... Florida law anyone?

Why do you need Florida law to tell you that your possessions are yours and yours alone? Seriously.

Do you not know what you moved in with and what belongs to you? Whatever you moved into the apartment belongs solely to you. NOBODY else. What part of this is having trouble sinking in?