[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!

[pbgflorida]

I Googled and found this -

From the Florida statute, Title VI, Chapter 83:

83.595 Choice of remedies upon breach by tenant.--

(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:

(a) Treat the lease as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant; or

(b) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from a reletting; or

(c) Stand by and do nothing, holding the lessee liable for the rent as it comes due.

(2) If the landlord retakes possession of the dwelling unit for the account of the tenant, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rentals received by the landlord as a result of the reletting shall be deducted from the balance of rent due from the tenant. For purposes of this section, "good faith in attempting to relet the premises" means that the landlord shall use at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to lease other similar rental units but does not require the landlord to give a preference in leasing the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.

Subparagraphs (a) through (c) of Paragraph (1) give the landlord's various options. Sure enough, (c) says the landlord can sit back and do nothing.

[SunnyDog]

It sounds like your salesperson is thinking wishfully, I can't find about this provision nor have I ever heard of it.

I'm not an attorney, but far as I know your are legally required in Florida to fulfill all terms of the lease, in other words you're legally responsible for paying out the entire lease amount. However it's common practice to just have the landlord keep your deposit, plus maybe an extra month's rent, this can vary dependant upon how quickly the unit can be re-leased and how good a tenant you've been. Such leeway usually comes from a job change requiring a lease breaking, not from buying a home. Look at your lease agreement, there should be provisions for breaking your lease.

[Prichard]

You're real estate agent is wrong. You can get sued for not paying your rent under your lease, regardless of your reasons. The judge will want to know just one thing - did you pay your rent as it came due under the lease? "Yes" - you win. "No, but....", you lose.

[Need_affordable_home]

Then you will have another 6 months to finish your lease. Rent out your house for those 6 months if you have to.

[FL_TN_Nana]

Unless the laws have changed over the past several years, you are obligated to pay your rent. We moved to our newly purchased home only 1 month early, but still had to pay that rent.

[mich2fla]

Here in Michigan, you are obligated to honor the lease. You can call up your landlord and explain your situation. Maybe he has someone on the waiting list and will be willing to let you off the lease early.

Worse case scenario, put an offer on the house and have the closing in 5 1/2 months.

[Summerbreeze]

Yeah, it's the same in Connecticut. If you buy a home, than it's the law that they have to let you out of the lease. It's just a buyer's clause. Makes sense doesn't it? I mean they can't hold you hostage if you want to buy.... It's just a law.Strangely enough in the tenant's favor....

[crapshoot]

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 have heard this, but cannot find proof of this anywhere. I can tell you that "Carlton Sheets" on his buying real estate video announces very clearly that Florida and one other State have a law that allows a renter to get out of his/her lease prior to the conclusion of the lease without penalty. He is very specific about it. Mind you this was a video I had a few years ago. But he certainly seems to know his business. Just strange that knowbody else knows about it. If you find out more, please let me know.

Thanks

[Dee2e]

Originally Posted by Need_affordable_home

Then you will have another 6 months to finish your lease. Rent out your house for those 6 months if you have to.

Be sure the lease allows for a sublet. Some do not permit subletting.

In Florida, military personnel on deployment have grounds that may allow early termination. You can move if the rental is in poor repair provided you followed the due diligence in getting the landlord to fix the home.

For all instances of breaking a lease, take the lease to an attorney for a more accurate assessment.

Talk to your landlord and try to work something out to let you terminate your lease early.