Getting Out of Lease - Florida (FL)

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Old Dec 18th, 2012, 03:51 PM   #1
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Confused Getting Out of Lease - Florida (FL)

Hello,

Ok, i currently live in Florida and signed a lease back in June for 12 months. I currently just got a job offer in Chicago that starts in January. I have heard that the law in Florida is that you can break a lease for a job offering but do not know how true that is. Also, i have had multiple problems with the apartment that the LL knows about to that i wonder if I could use to get out if necessary. 1. has mushrooms growing out of the ceiling. 2. had pee from the dog upstairs coming from the dog upstairs from another part of the ceiling in a different room. The LL has been notified of it and has yet to fix it. I was wondering if that was leverage or if i even need that leverage.

Thank you
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Old Dec 18th, 2012, 04:10 PM   #2
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Default re: Getting Out of Lease - Florida (FL)

I wish to inform you that you may not terminate lease because of new job. In this regard if you terminate lease then you can be held liable for loss of landlord which may occur after landlord takes reasonable steps to reduce his loss including effort for re-renting. You may thus not terminate lease without causing breach of contract unless your lease agreement provides you to terminate lease.

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Old Dec 18th, 2012, 04:16 PM   #3
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Default re: Getting Out of Lease - Florida (FL)

so i'm guessing that florida law i heard about was false?
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Old Dec 18th, 2012, 04:29 PM   #4
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Default re: Getting Out of Lease - Florida (FL)

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Originally Posted by eevarga View Post
Hello,

Ok, i currently live in Florida and signed a lease back in June for 12 months. I currently just got a job offer in Chicago that starts in January. I have heard that the law in Florida is that you can break a lease for a job offering but do not know how true that is. Also, i have had multiple problems with the apartment that the LL knows about to that i wonder if I could use to get out if necessary. 1. has mushrooms growing out of the ceiling. 2. had pee from the dog upstairs coming from the dog upstairs from another part of the ceiling in a different room. The LL has been notified of it and has yet to fix it. I was wondering if that was leverage or if i even need that leverage.

Thank you
No, there is no such thing as a law that allows for a tenant to break a lease without penalty for a job relocation. The only law that exists in that respect applies ONLY to military servicemembers who must relocate due to the issuance of transfer orders or deployment.

As for the other issues, I don't think those are sufficient cause for you to get out of your lease, primarily because they weren't bad enough for you to pursue a lease termination before now. The only reason you need to break the lease is because the the job relocation - and any good LL would see right through your claims otherwise.

I would suggest that you ask your LL about subletting or make an active effort yourself to find a suitable replacement tenant that can take over once you're ready to leave. If you break the lease, you would remain liable for unpaid rent until the end of the lease, or until a new tenant is found to replace you, whichever occurs first.
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Old Dec 19th, 2012, 06:20 AM   #5
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Default Re: Getting Out of Lease - Florida (FL)

You can break the lease at any time, as long as you are willing to pay any damages arising from the breach. A lease is a legally binding document; in most cases, you cannot move before the lease term is up without paying penalties for breaking your lease. However, each state has laws that protect a tenant’s rights. So, if you have a justifiable reason for breaking the lease then you don’t have to pay penalty. The landlord has a duty to maintain the premises in a habitable or livable condition. You can break the lease if there are serious problems with the dwelling that remain unresolved by the landlord. If you wish to break the lease because the dwelling is not habitable it is important that you keep good documentation of all of the repairs that need to be done. Give your landlord proper notice and don’t forget to take photos and videos of the problem with the date imprinted from the camera.
So, under these circumstances it’s always better to consult an attorney.
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Old Dec 19th, 2012, 01:01 PM   #6
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Default Re: Getting Out of Lease - Florida (FL)

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Originally Posted by eevarga View Post
Hello,

Ok, i currently live in Florida and signed a lease back in June for 12 months. I currently just got a job offer in Chicago that starts in January. I have heard that the law in Florida is that you can break a lease for a job offering but do not know how true that is. Also, i have had multiple problems with the apartment that the LL knows about to that i wonder if I could use to get out if necessary. 1. has mushrooms growing out of the ceiling. 2. had pee from the dog upstairs coming from the dog upstairs from another part of the ceiling in a different room. The LL has been notified of it and has yet to fix it. I was wondering if that was leverage or if i even need that leverage.

Thank you

Unless there is a relocation clause in your Florida lease, just obtaining a job in another state is not adequate grounds to relieve you of your obligations under the lease. The Florida residential statute is online and easy to parse.

HOWEVER, the (1) mushrooms on the ceiling (roof leaks?), (2) dog pee raining into your unit, may be grounds to claim it is uninhabitable,safety/sanitation.

It would seem your choices are several (1) document the 'moisture' problems through a Health Dept inspection, and/or (2) arrange with the landlord for a sublease or substitution of another tenant under your lease, (3) find another tenant.
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