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Old 09-06-2013, 04:22 PM
 
Location: Daytona Beach, Florida
21 posts, read 166,798 times
Reputation: 16

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I've lived here in Daytona Beach Florida in this apartment for a little over 1 year I'm a good tenet my rent check is always on time, there is nothing wrong with the management or apartment in fact the management are very professional and always been very accommodating, I even negotiated the rent with them and they reduced it.

Anyways I'm still early in my 2nd lease and I'm not able to continue living in it because of my deteriorating mental condition, I have extreme depression and I'm very close to being put on suicide watch, I'm going to go see a psychiatrist and see if he can write up a report to present to the management to get out of the lease. If that doesn't work will a lawyer be able to get me out of this lease? Does extreme depression count as a disability? Are apartments required by law to comply with the Fair Housing Act for breaking a lease due to a disability? If not why?

I must break the lease and move to Tampa which has a more extensive mental health system as Daytona Beach is a small town and doesn't have much.

The thing is I will commit suicide if I'm not allowed to move, I desperately must get out of this city. Is there any way I can get out of this lease? Is there any legal or any other type of assistance I can get to break the lease?

Any help and advice would be appreciated. And don't bother counseling me, I'm going to go to a psychiatrist for that.
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Old 09-06-2013, 04:50 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 53,725,357 times
Reputation: 26362
I suggest you seek the advice of an attorney or Legal Aid in your area as they'd be the best people to advise what you might be able to do. Good luck.
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Old 09-06-2013, 05:07 PM
Status: "Bipartisan agreement requires compromise" (set 10 days ago)
 
Location: Silicon Valley
15,570 posts, read 18,948,217 times
Reputation: 27803
You can always break your lease. In your case, if I were you, I'd break the lease, and deal with the fallout later. Just get yourself where you need to be.

Since you have a good relationship with the management, I bet it will turn out fine.

As far as FL law goes, the landlord has the choice of trying to rerent the unit - then you are no longer on the hook for rent, or just letting it sit there while continuing to hold you responsible.

I think, if you let them know that you will not be in the financial position to continue paying rent, they aren't likely to lose money by letting it sit empty. Plus, you said they were a good, professional company, so it's much more likely they will re-rent the place asap.

Since you aren't "officially" declared disabled at this point, you are not likely able to use your disability other than to pull a few heartstrings. The Fair Housing Act would require the management to "reasonably accommodate" you due to your disability, but you'd have to prove you were disabled, and a reasonable accommodation might include something like letting you move to a different, quieter unit, or letting you have an emotional support animal, etc.

So, this is what I suggest. A letter to management like this:

Dear Management Co:

I regret that I must break my lease, and will be vacating the apartment on ___________________x date. I have become disabled, and am not able to work at the present time.

I am aware that Florida law (Florida Statute Chapter 83.595 (2000) does not require a landlord to mitigate damages, that you would be within your rights to leave the unit empty and continue to hold me responsible for the rent. I am asking that you take the other route allowed by Florida law, which states that a landlord may take possession of the unit and take reasonable measures to re-rent the unit as quickly as possible, in order to minimize my losses. Because I will have no income, and it will be unlikely that you will be able to collect from me, I am hoping that you will also see this option as the better business decision.

I have truly enjoyed my residency and sincerely regret the need to break my lease at this time.

I realize you will need to deduct any future rent lost until you find a new tenant from my security deposit. Please send an itemization and any remaining deposit to my forwarding address below.

I am hoping that we can resolve this termination of my lease amicably, and I hold out hope that you will give me an otherwise positive landlord referral in the future.

Respectfully Yours,


You
Your forwarding address

I know this post is super long, but in case you want to view it, here's the FL law cut & pasted below:

Fla. Stat. ch. 83.595 (2000) 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.
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Old 09-06-2013, 06:13 PM
 
13,232 posts, read 15,345,648 times
Reputation: 12077
Check the wording on your lease. Most Florida leases have a checkbox near the top. When you signed the lease you had 2 choices.

1) if break lease you owe 2 months rent as early termination fee. 60 day notice might be required. Check your lease.

OR

2) If break lease you don't pay any early termination fee. Instead, landlord tries to rerent to a new tenant. You pay monthly rent only until a new tenant moves in...or until end of lease (whichever is sooner). Usually the landlord finds a new tenant very fast. You also have to pay any advertisement fee, such as cost of classified ad.

Find your lease now to see if these options were listed and see which one you chose.

Here is some legal explainations of how this works in FL. But it depends on what you signed at time of your lease.

http://www.propertymanagerpages.com/...%20FLORIDA.pdf

Last edited by sware2cod; 09-06-2013 at 06:35 PM..
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Old 09-06-2013, 08:25 PM
 
Location: Clermont Fl
1,715 posts, read 3,836,771 times
Reputation: 1221
Have you just asked your landlord to let you out. I have had people ask me, just give me 30 days and have a good one. As a landlord My feeling is if you want out why should I care next tenant please. My point is simple I would rather have 30 days notice to re-rent then show up one day and your gone.
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Old 09-06-2013, 08:46 PM
 
4,976 posts, read 2,001,641 times
Reputation: 6222
First and foremost your health is your most important concern. I agree with all the comments to talk to your landlord and to read your lease as there may be an early termination provision in the lease or perhaps the lease may read as a month to month. Since you have a track record with the Landlord he may be receptive to you at any rate. If the lease does not have a termination provision, you may wish to negotiate with the landlord forfeiture of your security deposit and/or 30 or 60 day advance notice to vacate.
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Old 09-07-2013, 01:09 PM
 
Location: Austin, TX
16,678 posts, read 38,245,624 times
Reputation: 9048
It sounds like you have a good relationship with your landlord, they will probably work with you. Explain your situation to them and give them the required 30 or 60 day written notice stipulated in your lease. If you are reasonable and professional most landlords will work with you to make the process as painless as possible.
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Old 09-07-2013, 09:11 PM
 
Location: Daytona Beach, Florida
21 posts, read 166,798 times
Reputation: 16
Thanks for the help everyone, I'll have a talk with the management after I see a doctor. If all else fails and a lawyer can't get me out I'll have absolutely no choice but to abandon the apartment one way or another I have to get out, so I hope the office is willing to negotiate.
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Old 09-07-2013, 09:18 PM
 
Location: Daytona Beach, Florida
21 posts, read 166,798 times
Reputation: 16
Quote:
Originally Posted by tworent View Post
Have you just asked your landlord to let you out. I have had people ask me, just give me 30 days and have a good one. As a landlord My feeling is if you want out why should I care next tenant please. My point is simple I would rather have 30 days notice to re-rent then show up one day and your gone.
You should care because you're human, but if tenets want out of a lease just because then that's hardly a reason, however my health is not well and it's completely out of my control it's not by choice and I will get a lawyer involved if necessary.
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Old 09-07-2013, 09:49 PM
 
Location: Clermont Fl
1,715 posts, read 3,836,771 times
Reputation: 1221
If you do not want to rent from me anymore why should I care why if you are sick OK I might feel for you but why should I care it is just bussiness

Last edited by tworent; 09-07-2013 at 10:06 PM..
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