Breaking a lease?
I signed a lease early in the year and now I need to break it.
We live in Florida and I’m not knowledgeable in leasing contract laws. Any advice, answers, or things to be on the look out for that could get me out of the lease, would be great.
There’s a mistake in the lease where it says the apartment will come furnished even though I said it wouldn’t be. It’s not included in the payment schedule, would there be a way to demand it when I ‘move in’?
I originally put my dog on the lease and I’m no longer bringing her, could I have them redraft the lease and not sign it?
They’re not offering prorated rent even though we can’t move in until the middle of the month because they’re renovating.
I’m desperate and I need any way that I could break this lease. If my parents weren’t my guarantors I would just not move in, but I don’t want them to be at risk just because I needed to transfer schools and no longer needed the apartment.
- R PLv 710 months ago
If your lease contains an early termination fee, you can pay that fee and be done with the lease. If not, ask your landlord how much it will cost to break the lease. The industry standard is a fee equivalent to two months' rent.
If the landlord will not allow you to break the lease, ask if you can sublet. If so, find a suitable person to sublet, but understand that if your tenant (the person who sublets) defaults, you are on the hook for the rent.
If none of those are an option, you are responsible for the rent until the unit is re-rented or your lease expires. Florida does not require the landlord to mitigate his losses, so you could conceivably be held liable for the rent for the entire lease.
If it comes down to moving in because you cannot break the lease, let the landlord know you won't be bringing your dog. The landlord will not write a new lease for you to sign, but rather will have you sign an addendum.Source(s): FL landlord
- Casey YLv 710 months ago
Since your parents guaranteed this thing and you clearly aren't very knowledgeable (you are young...), you need to ask them for help with this one.
- SlickterpLv 710 months ago
Nothing will get you out of it without penalty. Call them, talk to them, as them what needs to be done to get out of the lease. Simple.
They have no obligation to redo the lease due to YOUR changing your mind about the dog.
If you cannot have use of the unit until mid month, then you don't pay rent for the time you can't be in it....but your lease is still valid.
- babyboomer1001Lv 710 months ago
You are bound by the terms and conditions to which you contracted. Any mistake in the lease does not void it and no more dog means you can probably get out of continued payment of a monthly dog fee and a return of a dog deposit. That's all. If the lease allows you to break it - READ your lease, then do it. Pay the penalty and do it. If it doesn't, does it allow for subleasing? If not, you are stuck with it. Don't sign contracts that you aren't sure you can keep, or it will cost you, as this one likely will.Source(s): Certified Paralegal, with 25+ years' experience and with Landlord & Tenant law experience.
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- LILLLv 710 months ago
You and your parents are stuck with the full term of the lease. The furniture and dog issue is not relevant nor does it deminish your responsibilies. A new lease does not have be drawn up.
Consider this a lesson learned and apoligoze to your parents for putting them in this situation.
- Landlord365Lv 511 months ago
A lease is legally binding the minute you sign it regardless of when the start date is or if you ever move in. You cannot just get out of a lease. NO a typo will not get you out of the lease. No a lease cannot be changed or "redrafted" without the consent of all parties to the lease. Most states do not legally require prorating the rent at move in. From what you have stated you have no right to get out of the lease without paying. They can charge you what ever lease break fee was stated in the lease. If none was stated they can charge you rent through the end of the lease or until they get a new tenant.
"That is, the only way to break it is to find someone to sublease to." Then you have to find someone to sublease to.
"But, by taking the dog off, they have to draft the lease. They could hold me to the old lease?" NO they do not have to redraft the entire lease to take the dog off. A simple addendum is legal. There is no old lease or new lease. There is ONE lease.
"They can come after me all they want. I literally have nothing they can get. " Since your parents are your grantors they will sue you AND your parents. You should care about your credit.
You sound incredibly naive & juvenile. Typical young person theses days. Refusing to pay for the consequences of your actions & always seeking the easy way out. You have some serious growing up to do!!!
- Anonymous11 months ago
Pay the penalty for breaking the lease and move on.
- SimplytheFACTSLv 711 months ago
yep, landlord must provide a furnished apartment......if LL doesn't he is violating the lease...my guess is there will be furniture and you are stuck
you don't get out of it by not bringing your dog, that is a simple modification all parties should agree to.
they cannot charge you for the time the unit is not available to you
YES THE FURNITURE ISSUE IS RELEVANT, LL MUST PROVIDE IT FURNISHED.... They can get some crap at a yard sale and furnish it...and that would meet the lease requirements....
no you do not have to draft a whole new lease to take the dog off...you just add a page noting the change. if there are no costs associated with the dog, it doesn't matter at all....even if there are, technically, LL does not have to let you remove the dog...and could still require payment
and they will destroy your credit...future potential landlords and employers will see you as a deadbeat
the statement about the furniture IS NOT A TYPO THAT CAN BE IGNORED......
AND YES THEY MUST PRO RATE THE RENT IF ITS NOT AVAILABLE TO YOU FOR THOSE DAYS
- 11 months ago
If you have already signed the lease, there is no way to break it until the contract ends (unless you have a break clause written into it, but even that is typically after 6 months of tenancy).
If you do not move in, you are still liable for rent for the duration of the lease.
- 11 months ago
You will neee to hire a lawyer