[TriMT7]

They recently just changed landlord/tenant law in favor of landlords last legislative session. If you're thinking about trying to get out of a lease to purchase a home, there are three things you can do:

1) Speak with the landlord to discuss options, such as sub-letting or staying until a new tenant is found.

2) Get slapped with penalties and breach of contract

3) Go find an attorney to discuss all your legal remedies and/or to help you settle/get out of the contract somehow. It will likely be a lot cheaper than option 2.

[john1963]

please please ask your salesperson to email you the link to that florida law and post it here.

i'd love to see what kind of excuses they come up with.

[pslOldTimer]

Think about this from a logical point of view.

1) Why should the state care whether you are leasing or buying?

2) Why would the state pass a law that takes rights away from a landlord?

3) The landlord is counting on you staying in your location for the duration of the lease. He will very possibly be hurt financially if you move out. If the state tried to pass such a law, the landlords would scream bloody blue murder and sue like crazy.

4) Ask your salesman to put up an escrow amount to cover your costs if you break your lease and he is wrong. See if he is as anxious to have you break the lease if his money is at stake.

[grypn1]

we are in ahouse that we lease and it caught on fire the other night they have not been in a hurry to check it out but I am estamate about 2500 hundred worth of work not sure but the stinch has been horrbile our poperty manager told us after the night it happen to pack up and we could move so we did so we pack from sat till tuesday Now she says we have to live thru the clean up and we can not breck out lease is that legal to do that and live thru all clean up can they make us stay

[NatureCoastFL]

If you have renters insurance, it should pay for you to live somewhere else while its cleaned up. What does your rental agreement say about house damage or burning down?

[Lilybeans]

You real estate agent is an idiot. There is no such provision in the law.

[TriMT7]

Originally Posted by grypn1

we are in ahouse that we lease and it caught on fire the other night they have not been in a hurry to check it out but I am estamate about 2500 hundred worth of work not sure but the stinch has been horrbile our poperty manager told us after the night it happen to pack up and we could move so we did so we pack from sat till tuesday Now she says we have to live thru the clean up and we can not breck out lease is that legal to do that and live thru all clean up can they make us stay

Go see an attorney. There are things called "constructive eviction," and it may help you get out:

Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in. When residential real property is uninhabitable, it creates a condition under which the tenant has been "constructively evicted"; the facts and circumstances are such that the tenant is unable to have full use and possession of the rental property and thus, in reality, has been "evicted."

To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects. If the landlord does not correct the defects within a reasonable amount of time, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement. In most cases, the tenant must physically move out of the property and then sue for damages, termination of the lease, etc.

Constructive eviction

[frogcollector3]

Originally Posted by clarissairene

Our sales person at the home builder place said that there was some law in Florida where you can break your rental agreement if you are purchasing a new home.

Anyone heard of that? We may move into our home really early, like 6 months early and we have a 1 year lease renting a home.

We are from California and over here, you break your lease and there is a big penalty!

I lived in FL for 47 years and owned rentals for 25. There isn't any such law there. But as a landlord, I'm always for helping someone able to better themselves. I will work with my tenants. Every property and tenant are different. The best thing to do is TALK to the landlord. Communication is best. If you have been a good tenant you probably won't have too much of a problem. Especially if the unit is in a area that is easy for the landlord to re-rent.

[Dee2e]

Frogcollector3 is correct and he gave you good advice. Your lease would state under what terms, if any, that you can break the lease without liability for the remainder of the lease. Talk to your landlord to see if you can negotiate. Without a specific clause for release, typically, you are liable until the lease ends so if you break the lease, you risk losing deposits and if you left 6 months early, the 6 months rent. Knowing what your lease says will help you negotiate an early release. Also being willing to allow the owner to show the property to help secure another tenant would be helpful. Just be sure to talk to the owner and try to work out something that works for your both.

Good luck!

[jwilliamson]

If we are here on business we live in oklahoma we got a condo for 7 months and we were released for the first week in december. and i am trying to find out how to get out of the lease. and do i still have to pay the lease out.