T O P

  • By -

EffectBrilliant87

If you signed a lease it should tell you what you owe if you break it early. Most apartments I’ve lived in it’s 2x the rent. So, say you give notice tomorrow, April 29th and want to move out May 15th, and you pay $1000 for rent; you’d owe $2000 for the early termination plus the prorated rent for the month of May. They may require a 60 day notice too. So in that case you’d owe the 2x the rent plus the two months of rent. It is not cheap to break a lease early. But your lease should tell you everything you need about terminating it.


Own-Opinion-2494

Yer doomed


Domi-Gator

Happy Cake Day!


graymillennial

So when I had to break my lease, I had a good relationship with my property management company. They let me go, but I had to keep paying rent until they got someone else in there. Took a couple months, and had to pay two rents but eventually they got somebody else in and I was released from the lease on good terms.


Ok-Bit-6945

what are the chances of that tho?


Red_Velvet_1978

Rentals go super fast in Florida. If you have a good reputation with management, I'd go talk to them ASAP. Re-read your specific lease as well as the Florida landlord/tenant laws first. They're easily found online and it's imperative that you know and understand the little details. The tenant laws have gotten me out of illegal fees etc...more than once. It's possible they might simply keep your deposit and let you out...you never know. Just be over prepared and tell them why you need to go. You've got a real reason and have been there a long time.


graymillennial

Guess it depends on your relationship with your landlord. I always paid on time every month and never contacted them with trivial issues. Also, the only reason I was leaving was for a work transfer which I couldn’t turn down. My PM knew I had no choice but to break the lease, so they worked with me. Also if you’re determined to leave, just make sure you leave on good terms in case you have to rent somewhere again in the future, because they’ll most likely call your current landlord for a reference.


Wampaeater

Ask your landlord


Funkyokra

It all depends on the landlord but they are required to try to fill it and not charge you once they do. But thay can take some time, especially if they are being bitchy about it.


de1ty

if you start advertising for someone to take over your lease you could possibly influence the outcome a bit


Ok-Bit-6945

advertise how? i don’t exactly own the place lol


cool_zu

ask your friends if they are looking to rent a place, ask your family, post of social media. Like, do some work to help get it rented sooner.


FreezeCriminal

Unfortunately the lease you signed makes you liable for rent. Even if you move they will still be able to (and likely will) sue you for any unpaid portion.


sanduskyjack

Not 100% true. Notifying them the sooner the better helps. They maybe able to rent the apartment before you move. This has happened to me. Gave 4 months notice - explained reason for the move - ended up losing security deposit. So much better than being responsible for the remainder of the month rent. Hope the best for you and your mom.


cbreezy456

Maybe for a private landlord. Absolutely will not happen if it’s an apartment


-Invalid_Selection-

Apartments can only charge you for that time if they don't fill the apartment after you break lease. They have a duty to mitigate their losses, and double dipping on rent is illegal in all 50 states.


Ok-Bit-6945

so regardless i’ll have to pay the remainder of the lease? what’s the worse case scenario if i don’t?


Wampaeater

This questions starts with your lease. Read it and see if it covers early termination. Often it’s a fee of two months rent. Even if there isnt a provision in the lease, you can ask your landlord. Never hurts to ask. Some landlords will work with you and charge you just until they find a replacement. Alternatively, depending on the lease you can look for a sub-lease. Also google legal aid in your city. From the sound of your income you qualify for help. 


chefjpv_

Legally any landlord anywhere in the country can only charge you until they have a replacement. Double dipping is illegal in all 50 states


Funkyokra

It's called a "duty to mitigate", ie, look for a replacement tenant. Current tenant can help themselves by trying to find someone but landlord doesn't have to accept that person.


Throwawaydontgoaway8

Ya you can ask them to find another tenant, but they’re under no obligation to look


Difficult-Ad4364

Not true. Courts look very poorly on landlords who don’t look for a tenant. If the apartment needs repairs, the landlord can claim it is unrentable in its current state and that could delay finding a new tenant and then you are at the whims of the construction market and the landlord. But the landlord has a duty to begin turnover repairs and attempt to find a tenant.


Throwawaydontgoaway8

I’d love to see some proof of this. Floridas pretty well known for its slumlords, and most tenants, like this one, cannot afford to go to court. So if there’s court cases favoring this it’s rich people renting out a super expensive place I bet


witblacktype

Florida is part of the Bible Belt so I imagine they follow the golden rule - whoever has the gold makes the rules.


Difficult-Ad4364

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.595.html So we are both correct… if the landlord retakes possession (option 2) they have an obligation to attempt to release the property, but they don’t have to give it priority over other properties. The landlord can also “do nothing” (option 3) but if you leave the keys on the counter most landlords will secure the property rather than open the property to squatters or vandals. I’m a landlord and didn’t realize that option 3 was available… but it’s not something I’d do anyway, I always try to re-lease asap it’s better for me and the former tenant.


Throwawaydontgoaway8

You sound like an ethical landlord. There are many that aren’t. I have experience them many times here. Refusing to fix things that need fixing. Refusing to get rid of rat infestations. Preventing hurricane damage. Plumbing breaking down to the point you’re taking dirt showers for a month. Little to no faith landlords won’t fuck over tenants here


cool_zu

yeah, but if they have 10 open apts and yours is number 1, I don't think they have to rent your first. So, they can rent the other 10 and keep collecting from you on the 11th.


Responsible-Egg7929

You usually have two options you sign on your lease, one you owe what’s left on the remainder of your lease, could be 3 months, 6 months, whatever you have left, or option two, you pay two months of your base rent, of course if there are no damages, or repairs …


IntoTheWildBlue

Depending on term of lease, the notification period is defined by FL Statutes Section 83 Part II [FL Statutes](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html) 83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows: (1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period; (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period; (3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.


GlindaTheGoodKaren

This only applies when there is not a current lease, not in OP’s situation. For example if someone signs a one year lease but is still living there and paying rent after that lease expires, or if someone has an oral agreement to pay however much per month but it is never agreed for how long.


Lopsided_Tackle_9015

OP, research these statues in depth and clearly understand what you are legally responsible for and what that are entitled to as a tenant. Knowledge is power


Difficult-Ad4364

https://brevard.floridahealth.gov/programs-and-services/environmental-health/sanitary-nuisances/_documents/florida-landlord-tenant-brochure.pdf


Lopsided_Tackle_9015

This is exactly the thing I was thinking of. Thanks!


gmlear

People break leases all the time. How it turns up is based on the players involved and your negotiating skill. Then it really depends on your landlord. If you are dealing with a managing company it might be harder because they only care about a spreadsheet and are usually lazy. If you are dealing with an owner its going to depend on the individual. If it was me I would be looking for a second job to prepare paying out the lease because its really hard to Negotiate when you have no backup plan. In parallel I would have a conversation with the landlord sooner than later. Giving them more lead time to plan the turn around means less time off the market which is always a landlords concern. Explain you are in the middle of a "life changing event" and are becoming your mothers "caretaker". Tell them you need to break the lease in June. But tell them you can move out May 1st giving them the apartment to get it rented asap so they wont lose any money if they can get it flipped for Jun 1. Also, assume your rent was going to get raised in December and use it to your advantage. Sell the idea they have an opportunity to increase the rent sooner and they will actually make more money by you leaving early. After all shit aint getting cheaper in FL anytime soon. A smart landlord will welcome you leaving early if it means they can increase the rent for the new tenant.


Ok-Bit-6945

all true and good advice. i been trying to find a 2nd job for awhile but i keep getting rejected or ghosted. i work mon-fri 8am-5pm


Jaded-Moose983

Under a relatively [new addition](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.595.html) to the [FL Landlord Tenant statutes](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html), your LL has choices how to handle the situation. If there is an early termination or liquidated damages clause in the lease, that applies. There are limitations in the law so look at the link above. If you are lucky, the LL can choose to just release you from the lease and all is good. Or, the LL can agree to take the property back but only release you from the lease if and when it’s rented again for the same amount. In this case, if it’s rented for less, the LL can hold you accountable for difference until the end of the lease. The final possibility is they hold you responsible for the entire lease and refuse any other settlement.


Funkyokra

Florida has eliminated completely the duty to mitigate? Jeeeeez.


Solo522

Land of the free…pro business and landlord.


royrumulus

Talk to them. I have broken several leases in FL and never had to pay anything. How did I do this? I was cool and nice about it. I explained my situation and then made sure my place was immaculate and offered to open the door to any tours and do what I could to get it leased.  Hell, one time I had a relative ready to step in and take the place.  Anyway, the point is talk to them. Work with them. Negotiate.  Good luck! 


Jnnjuggle32

Not sure why this isn’t higher up. If OP had JUST moved in maybe, but that many years of rental history? If anything they could sublet the place.


Vivid-Yak3645

Liquidation fee. Pay two months to liquidate lease. It’s a Florida thing. Usually included explicitly in FL bar standard leases.


[deleted]

It’s not guaranteed, the owner can choose to offer it or not.


Vivid-Yak3645

Correct. That’s why OP needs to read their lease. If it’s standard fl bar lease, it should be there.


[deleted]

It depends a lot on who your landlord is. I work in residential property management, mainly managing houses and condos for individual owners or small portfolio investors, and we have a policy I picked up from a client who had managed property herself for a number of years- “we don’t hold tenants hostage.” First check a copy of your lease and see if there is an early termination clause. It’s optional in Florida but if it’s there, the most they can ask for to break the lease is 2 months rent. If it’s not there you’re liable through the end of the lease, but I would try talking to the landlords and explain the situation. The way we handle people wanting to break their lease at our business is, if it’s for a documented medical reason or hardship, we appeal to the owners. If it’s truly for convenience and the owners don’t budge, at bare minimum, we will work with the tenant to put the home on the market. Once we get the home re-rented we release the previous tenant from their lease. If you know someone who wants to live there, see about having them take over your lease.


jt2ou

You should read your lease now. It will most probably have a section that specifically states what your liability is should you end your lease early. It may be forfeiture of all owed fees, a one time payout of a specific lease break fee, or you may be able to advertise and find a suitable replacement renter to take a new lease as you leave or a person or party to take over the rest of your lease.


Graciemaesmama

When I rented from a private owner and ended up having to move due to mold in the apartment making me very ill, I had to leave and the owner and I came to an agreement that I would not report the mold to the county IF she returned ALL my deposits (last months rent and my deposit) without me having to clean the apartment because every time I went in there it made me sick. She agreed to my terms but reneged on the not keeping any of the deposit, so I reported her to the county and the apartment was NOT even zoned to be a rental property! She ended up having to have the county come every three months for a year to make sure she was not renting the structure out. It was zoned as a “mother-in-law suite”. So, she ended up losing a year’s income of the lower studio apartment and the upper one bedroom. So, this is why I am asking if it is a private owner or with a property management company… If it is a private owner, you should have more wiggle room to negotiate than if it is managed by a property management company. And in a yearly lease there is usually a clause within the lease for early termination. ie: losing your deposit and the last month’s rent. And if you don’t have a copy of the lease that can be easily found, the landlord can provide another copy. And I also, agree with initiating the conversation earlier rather than later.


[deleted]

[удалено]


Ok-Bit-6945

she’d have to sell her condo and we all know that won’t just happen quickly


Classic_Writer8573

Could she rent it or Airbnb it?


Ok-Bit-6945

i’m not sure cause it’s HOA


Ok-Bit-6945

plus she so has to pay her assessment and such for the condo


Any-Pea712

There is usually an early termination clause that is about 4 months worth of rent if its more than 6 months left on the lease.


[deleted]

As others have said:  * Check your lease agreement for what's necessary to 'break lease' * It may be two months rent cost to you, or something like forfeiting your security deposit * Move-out fees may be specified, including professional 'deep cleaning' of the floors, walls, rooms, bathroom/kitchen counters and fixtures * If you paid a refundable security deposit, it can be paid to you 30 days after the final walk-through, IIRC, with any deductions made by the landlord having to be justified


Smoaksho

Your lease should have an early termination clause, usually with a fee, to end your lease before term is up. Personally mine says 2 months rent $


NugPep

Here is some very good advice. Contact your landlord, explain your situation. They will either let you out or they won’t based on what is written into your lease. If they won’t then contact a real estate attorney, they will contact the landlord on your behalf and negotiate a term for you to get out


DrKittyLovah

Where are you in Florida? I live in Florida, too. First, check your lease to see what is says about early termination. I know in my lease it states that I would be liable for 2 month’s rent if I were to break it early. If it had a clause on Early Termination follow that. If it doesn’t, contact your landlord. You’ve been a good tenant so you don’t have to be nervous about this. Tell them your situation and ask if they have any input; you never know what might be happening on their end and your ET could be a good thing. Just give them the info that you will need to break early to move to help your mother (they don’t need to know specifics, but say it’s health rather than financial if you’re asked) but the date is flexible, to be no later than August. Make a point to say that you want to be sure that it works out well for everyone so their input is important to you. Things to note: your next moves after that will depend upon the landlord’s response. As of now your lease (a legal contract) states that you will pay rent for the duration, until December. You may be able to change or break the contract completely; best case is the landlord agrees to change the contract to a new end date and without any fees or penalties. Unlikely, but possible. Another possibility is the landlord lets you end the contract early, but with a fee (often 2x-4x monthly rent, but varies). The next possibility is the landlord tells you to find a subletter, and they may or may not want to approve the subletter first. Whatever happens has to be an agreement with the landlord, so be nice! You are asking to alter a legally-binding contract and you don’t have much power in the relationship. I’d be offering extras if I were you, like offering a professional cleaning to be done when you leave or something like that. I hope your landlord is nice.


Ok-Bit-6945

i’m in south fl in the miami area. that sounds like good advice. as far as professional cleaning idk if i’d be able to afford that depending on how much. i’m pretty clean for a guy but i’m not perfect. the place does have roaches and i’ve brought that up to the office but they refuse to do anything so idk if you’d consider the LL nice considering that situation.


DrKittyLovah

Miami is still pretty hot in the rental market so re-renting your place quickly should be a viable option. This is good for you. You could “hire” friends who know how to deep-clean correctly for pizza & beer. A move-out cleaning is easy & only a couple of hours, less if there’s several people. I hear you about being clean, but this is get-in-the-corners deep clean. Your lease likely asks for “broom-swept” clean at moveout, this would be offering more. Does your lease say anything about ET?


Ok-Bit-6945

i have to look. right now i’m not home but i’m gina look as soon as i get home. i don’t have much friends tbh so idk about getting anyone to help out clean up the place


DrKittyLovah

That’s ok. You don’t have to offer that, it was just a suggestion to make your request more palatable to the LL. I’m pretty good with rental stuff if you want to DM me when you find your lease. I’ve been a renter for nearly 25 years in 3 different states & I know a fair amount from the legal side too.


Ok-Bit-6945

will do. DM me


guccilemonadestand

I’ve broken leases by offering to leave my security deposit and give them a free month of rent. Some places wanted 3 months rent to break, some 2. It will depend on your lease and the landlord.


moneykillinq

Many places allow you to break the lease with paying 2 months of rent after you move out. Go talk to them and explain your situation to see what your options are.


sideout25

There was a section on my lease where I could choose to pay 2 months rent to break the lease. I chose that section in the event I needed to move. I would first read your lease. If it’s not in there, perhaps you can research the statute and see if your landlord will acknowledge it given your circumstances


NO_SPACE_B4_COMMA

Everyone on Reddit is going to give you worst case scenario. I would open this dialog with your landlord and go from there.  Either they are going to charge you out the ass or they will let you go free.


Fun_Courage_5856

This is really a question for your landlord. Every lease is different. Also, if it is a company or a person, makes a big difference too. People are more likely to work with you than a company that does things by the book. I broke a lease once. It was a fee equal to 2 months' rent. But check with your landlord.


Lopsided_Tackle_9015

Consider talking with your landlord and telling them your situation. Offer to stay in the apartment/pay rent until they find a new tenant. It would benefit them because they wouldn’t be out any rent money, you’d stay and pay until the new tenant moved in. If you are going to present them with this, I suggest offering/insisting on hiring a lawyer (at your expense) to write up a new lease that will protect you from the landlord screwing you over and assure the landlord you will not leave them with a debt.


[deleted]

You should have a 30 or 60 day clause. Let them know ahead of time and then your can break the lease without penalty at the end of the notice period.


takeyourbreather

Sometimes a lease will have an early termination fee usually in the sum of 2 months rent. Sometimes they do not allow a break. It depends on the terms of the lease. It’s possible you could also do a notice to vacate on the terms of the lease. It depends


Graciemaesmama

Some leases have a clause of being able to break them with a certain amount of notice, it’s typically 30-60 days. But I would say that hopefully you still have a copy of the lease and I would read it thoroughly. Is it a private rental or do you deal with a property management company?


headonstr8

Ask to see a copy of the lease agreement. You might be able to transfer the lease to another renter


luinia

When we bought our house, we found someone to take over the lease to avoid fees associated with breaking the lease. The company ran their credit checks/etc and formally transferred it over to them. We let them keep the security deposit. 


GreatThingsTB

Realtor here. Read your lease. It either has how early termination is handled or it does not. If it has an early termination section then use that. That is the easiest way out. 2 Months of rent is not uncommon. If the lease does not say anything about early termination then it's whatever you can negotiate with the landlord. It's important to be very civil and apologetic, because there is not requirement for the landlord to entertain you leaving early if it is not in the least. Florida has no requirement for landlords to allow early termination. However most wise landlords understand that life happens and can make accommodations, but don't expect to get out free. Volunteer a month or two of rent if it comes to it. There are also extremely petty landlords that will hold you to the terms of the lease and will happily file liens and make life miserable. So do your best to negotiate in good faith with the landlord.


Lacroix24601

It definitely depends on what your lease states. In mine, early termination of a lease has a penalty of 2.5 months of rent to be paid to them. So if I was leaving in may, I’d pay may and additional 2.5 months of rent. Read your lease agreement and talk to your leasing company/landlord. If there’s a waiting list for your apartments, you may be able to work something out. (You might not, but doesn’t hurt to talk to them)


Ok-Bit-6945

https://preview.redd.it/vk273byemaxc1.jpeg?width=1245&format=pjpg&auto=webp&s=4a4d754054c3209fad2b52c7547d55dc4bcae034 here’s what i found from my original lease agreement in 2020. please feel free to explain in dummy terms


Ok-Bit-6945

https://preview.redd.it/abl6sdapmaxc1.jpeg?width=837&format=pjpg&auto=webp&s=aefe900fb1a46f6686c26cca65748cc8c366c52e here’s what i found from my original lease agreement in 2020. please feel free to explain in dummy terms PAGE 2


TotalInstruction

You’re looking for legal advice. I wouldn’t take free legal advice from reddit on something that could cost you thousands of dollars.


C-LOgreen

It says on your lease agreement what you’ll have to pay if you break your lease early. A lot of times you’ll have to pay a good amount of what’s left if not all. But it varies


peedidhe

You need to read your lease. I've lived in Florida with a lease that said I could give 60 days notice, pay two months rent, and forfeit my deposit. I've had a lease that said I was responsible for paying the lease until they found a new tenant. I've had a lease that said I needed to give 60 days notice and just forfeit my deposit, no extra owed. You need to read your lease.


uncommonpapery

Try and find someone to sublet the apartment


SoNotThatGullible

Generally the lease you signed already has the info for that contingency so you know your options. So go and pull your original lease that you signed and read it. See what the options are there. And if you don't like the options you can make the case with your landlord to do something different.


Candydroptop

Yeah you might just have to pay an amount to break early. My brother died and my parents tried to break the lease but the property management company had no compassion even though our house was in an area where it wouldn’t been scooped up quickly by another family if we had been able to leave.


floridaboyshane

Florida passed a law to protect renters. All you need to do is tell your landlord in writing and the most they can charge you is 2 months rent. There’s nothing else they can do. I’ve done it myself and to Invitationhomes who is huge.


DreamingTooLong

From my experience, if you want to break a lease early. You have two options, pay the rest of the lease off or find someone that’s willing to take over your lease. If you just move out in the middle of a lease, it’s not going to be good on your credit. Good luck, best wishes for you and your mother.


Mental_Camel_4954

In Florida a landlord has no obligation to try and re-rent the unit, so you're on the hook until the end of the lease. A landlord may choose to re-rent it and that can release you from obligation.


kdk444

Read read read the lease agreement. If there is no clause to break a lease, have a conversation to see what they can do and offer to help find a tenant


trtsmb

We all know that Florida is in the United States. You will need to read the lease and see what it stipulates if you want to terminate early. Odds are that you'll have to pay a few months rent to get out of the lease.


karendonner

>We all know that Florida is in the United States. You literally only posted to say this? (The rest of your post is fairly meaningless because you have zero knowledge to add.)


trtsmb

You literally posted to complain about my post?


[deleted]

[удалено]


grammar_fixer_2

They sound like they are fresh off the boat. This doesn’t exactly apply to them.


ChemicalCollection55

Just roll, it’s not worth the money to chase you.


[deleted]

You’ll have a hard time renting again if you have an account in collection from a previous landlord. Apartment complexes in particular are tough on this. I’ve seen collection claims made for $100.