Need FL real estate advice - please help!!!! (Miami, Plantation: attorney, apartment)

[giselle1]

In mid-March, I told my landlord that I was probably going to break the lease, because I was going to accept a job in Jersey. Then, I told him a few days later that I was interviewing in Miami. Then I was going back and forth to Jersey, and started my new job, and the whole time, I hadn’t spoken to him.

So around April 10, I’m like OK it’s been 2 weeks since the month started, I haven’t paid rent, my landlord isn’t calling me back, I will give him until April 15th and then I will just mail him a check or something. So, I go back to Jersey on Fri the 11th, and he calls me the 14th, Monday, saying – I thought you moved back to Jersey? I went to the apartment to go clean up, and all your stuff is there. So I say yes, that’s why I was trying to call you, to let you know that I was staying in Florida and I needed to pay you rent. I never told you I was definitely moving back to Jersey, I just said I was considering it.

So he says to me that he doesn’t think it’s right that I am breaking the lease, because I’m still working in Florida.. but I said, yes, but I need to move because I found a place in Plantation, which is closer to Miami for me, I’m sitting in the car for 1-2 hrs each way right now from Boca to Miami. So he says to me that he wants me to pay rent through June, and he will let me break the lease. So I said, I could have just lied to you and said I was in Jersey, and I wouldn’t have owed you anything. I just want to pay you through April and move out to my new place, which he is not agreeing to.

THEN – my new landlord… I signed the lease for Apr 15 08-Apr 15 09, and gave him a deposit of $1500. I call him on April 17 and tell him the issues that I am having with my landlord in Boca, and ask him if we can change the lease from May 1 or May 15th on, because I have been so busy with my new job and I want to get everything straight with my current landlord before I move in. He tells me, no, that I need to move in now and give him the rent for April 15th on, or he’s going to keep my deposit. He doesn’t want the apartment sitting there without collecting rent, and that he has had it waiting for me since April 15th. He said he is going to try to find another person to move in. I told him by the time he finds another person to move in, it’s going to be like 2-3 weeks before they go through the association process, so he might as well just wait for me, and I will pay him the rent when I move in – which he is not agreeing to.

I have no idea what to do right now, and really need some advice. Please help!

[Lilybeans]

Rule number one- a lease is a contract that binds two parties and benefits two parties. Both parties have obligations and rights. Landlords have bills to pay and have the right to expect you to live up to your obligations. Sounds like you are going to have two places for a month or so.

[Wendyb0077]

Well, looks like you have two leases right now. I would seek legal counsel to see about getting out of the origional one. Good Luck!

[giselle1]

Well, the 2nd landlord doesn't want to rent me the place anymore and take my deposit.

[Retiredcoach]

Originally Posted by giselle1

In mid-March, I told my landlord that I was probably going to break the lease, because I was going to accept a job in Jersey. Then, I told him a few days later that I was interviewing in Miami. Then I was going back and forth to Jersey, and started my new job, and the whole time, I hadn’t spoken to him.

So around April 10, I’m like OK it’s been 2 weeks since the month started, I haven’t paid rent, my landlord isn’t calling me back, I will give him until April 15th and then I will just mail him a check or something. So, I go back to Jersey on Fri the 11th, and he calls me the 14th, Monday, saying – I thought you moved back to Jersey? I went to the apartment to go clean up, and all your stuff is there. So I say yes, that’s why I was trying to call you, to let you know that I was staying in Florida and I needed to pay you rent. I never told you I was definitely moving back to Jersey, I just said I was considering it.

So he says to me that he doesn’t think it’s right that I am breaking the lease, because I’m still working in Florida.. but I said, yes, but I need to move because I found a place in Plantation, which is closer to Miami for me, I’m sitting in the car for 1-2 hrs each way right now from Boca to Miami. So he says to me that he wants me to pay rent through June, and he will let me break the lease. So I said, I could have just lied to you and said I was in Jersey, and I wouldn’t have owed you anything. I just want to pay you through April and move out to my new place, which he is not agreeing to.

THEN – my new landlord… I signed the lease for Apr 15 08-Apr 15 09, and gave him a deposit of $1500. I call him on April 17 and tell him the issues that I am having with my landlord in Boca, and ask him if we can change the lease from May 1 or May 15th on, because I have been so busy with my new job and I want to get everything straight with my current landlord before I move in. He tells me, no, that I need to move in now and give him the rent for April 15th on, or he’s going to keep my deposit. He doesn’t want the apartment sitting there without collecting rent, and that he has had it waiting for me since April 15th. He said he is going to try to find another person to move in. I told him by the time he finds another person to move in, it’s going to be like 2-3 weeks before they go through the association process, so he might as well just wait for me, and I will pay him the rent when I move in – which he is not agreeing to.

I have no idea what to do right now, and really need some advice. Please help!

This is not the news that you are hoping to hear, I'm sure, but you have signed two contracts (leases). If either landlord opts to enforce the contract that you signed, you would be liable for the terms specified in the lease. The second landlord appears willing to rescind the contract at the cost of your deposit... You will be paying $1500... that will be your cost to break that lease. The first landlord, who you left hanging in your decision-making process, will be minimally entitled to all of the rents for April and May plus any additional late payment fees. He could also be entitled to be paid for the months remaining upon his lease. If it is your plan to move, YOU MUST give a 30 day written notice.

I've been a landlord for many years, and my attorney constructed my leases to protect me. Most landlords operate their businesses to safeguard themselves in the circumstances that you have described. You will probably be paying for this expensive lesson. Good luck!

[Wendyb0077]

giselle1, If your lease has been signed by all parties and you paid all monies required to rent the property and you have been given the keys, that would consitute a contract. You have rights!!! See an attorney!! Wendy

[Retiredcoach]

Originally Posted by Wendyb0077

giselle1, If your lease has been signed by all parties and you paid all monies required to rent the property and you have been given the keys, that would consitute a contract. You have rights!!! See an attorney!! Wendy

Wendy,

This is going to be an expensive lesson for Giselle, regardless of the end result. The leases that I personally utilize (and virtually any landlord out there) are generated by real estate attorneys. I guess that they could be challenged by other attorneys, but this could be extremely expensive, as contract law generally is. I'm not sure of the rights that you are referring, but there are two (landlord's attorney generated) leases that have been signed. It does not sound even remotely promising that the poster will able to find resolution that will be favorable to her without incurring additional costs. Plus, she could conceivably spend more to lose more. I still maintain that her best bet would be to negotiate a fair settlement with the landlords.

[heydade]

you can't just BREAK A LEASE sweetheart ! That's a contract and you better pay up or he will sue you and take you to small claims court ! I know I would !

[doggiebus]

giselle - I hate to say this, but looks like you can be held accountable for both leases. You may have to pay rent for two places through June, if you want to keep the Plantation apt. It was nice of the original landlord to let you break the lease as long as you payed through June. The new landlord I think pretty much has the control, you already signed it for the starting date he wants. If he is a nice person he could move it back, but if he wants to be a stickler on this, you signed the contract and put down the money and so you owe what you owe. The second landlord may also be worried about you paying two rents for the first couple of months, so would rather get someone else in there that doesn't have any issues. This may be an out for you, unless you really want that Plantation apt. Sorry. You may want to give up the Plantation apt, and find something in Plantation when your lease is up in June on the first place. so you are not paying double.

[Wendyb0077]

Originally Posted by Retiredcoach

Wendy,

This is going to be an expensive lesson for Giselle, regardless of the end result. The leases that I personally utilize (and virtually any landlord out there) are generated by real estate attorneys. I guess that they could be challenged by other attorneys, but this could be extremely expensive, as contract law generally is. I'm not sure of the rights that you are referring, but there are two (landlord's attorney generated) leases that have been signed. It does not sound even remotely promising that the poster will able to find resolution that will be favorable to her without incurring additional costs. Plus, she could conceivably spend more to lose more. I still maintain that her best bet would be to negotiate a fair settlement with the landlords.

What I meant by that was: The second landlord can't lock the OP out if a lease was signed. It sounded like landlord 2 wanted out! I agree with you, the Op should try to settle with landlord 1 or take the hit for the deposit on landlord 2. Expensive Lesson! Wendy