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Old 08-25-2012, 07:43 AM
 
3 posts, read 14,583 times
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Hello. I am moving to Florida for school. I signed a rental agreement to move into a single family home from Sept. 28-Feb 28, 2014. I paid the security deposit but just found out that my school will be rotating us, so I will not be able to maintain a permanent residency. The landlord has not given me keys and I have not seen this home in person. I emailed the landlord stating I need to break the kease, but she has not responded. What am I looking at losing? Its more than 1 month before I'm supposed to move in. The lease is a standard Florida lease.
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Old 08-25-2012, 07:58 AM
 
2,763 posts, read 4,670,034 times
Reputation: 2764
At the very least your deposit is gone.
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Old 08-25-2012, 08:35 AM
 
Location: Tampa, FL
3,237 posts, read 5,109,649 times
Reputation: 1492
You cant break a lease in Florida. If you do, you will (should) be sued for all monies due and automatically forfeit any security deposit.

Your landlord may, but is not required to, work with you, but as the previous poster said, you can expect to forfeit your first, last and security deposit...
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Old 08-25-2012, 09:43 AM
 
Location: Toledo, OH
1,725 posts, read 2,988,964 times
Reputation: 1273
Rotating? Will you rotate within 20 miles of the home campus? Does that mean they will provide you with housing depending where you are? I have no idea how this is going to work. You need a place to at least sleep for the night.
Something doesn't sound right here.
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Old 08-25-2012, 10:07 AM
 
2,763 posts, read 4,670,034 times
Reputation: 2764
Quote:
Originally Posted by crazynip View Post
You cant break a lease in Florida. If you do, you will (should) be sued for all monies due and automatically forfeit any security deposit.

Your landlord may, but is not required to, work with you, but as the previous poster said, you can expect to forfeit your first, last and security deposit...
Granted, I dont know the specific laws in Florida, but generally speaking if someone DOES break the lease and they take it to court, it is on the landlord to show they made an effort to replace the tenant and MITIGATE the damages. Usually judges only allow for 2-3 months worth of "effort".
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Old 08-25-2012, 11:37 AM
 
420 posts, read 748,869 times
Reputation: 275
Quote:
Originally Posted by rezfreak View Post
At the very least your deposit is gone.
Not true. Security deposits are designed to repair damages. If you never moved in, there are no damages that you are liable for (although it could be argued that the landlord's reliance on the lease prevented her from finding another tenant and you caused damages in that regard). Security deposits are to cover potential damage and should not be used as a rental substitute. However, if your lease says otherwise, your security deposit could have been tied into a rental agreement provision.

I'm assuming that your lease is a fixed-term tenancy with monthly payments. How to break it: check your lease closely to see if there are any contigencies that allow for a termination of the lease. If not, your only real option is to get the landlord to understand your situation and sympathetically release you of all interests. You do not have a duty to occupy the house. Simply signing the lease contractually obligates you to the agreement and even if you do not move in, you still need to pay the rent. However, the landlord does have a duty to deliver possession (keys) but not until your move-in date.

If you have to move in, you can try to break the lease by showing the landlord's negligence on residential warranties. These warranties protect against slumlords but may be difficult to prove.

Unless your lease specifically states otherwise, you can sublease or assign your lease to another party also.

It seems like your best option is to plead your situation to the landlord. Have some documents from the university showing that your program prevents a permanent residency. Hopefully your landlord is sympathetic and allows you to move out with your security deposit returned.

Last edited by GoRays813; 08-25-2012 at 12:50 PM..
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Old 08-25-2012, 04:09 PM
 
Location: Places you dream of
20,063 posts, read 12,041,246 times
Reputation: 8700
Quote:
Originally Posted by Mesolovely View Post
Hello. I am moving to Florida for school. I signed a rental agreement to move into a single family home from Sept. 28-Feb 28, 2014. I paid the security deposit but just found out that my school will be rotating us, so I will not be able to maintain a permanent residency. The landlord has not given me keys and I have not seen this home in person. I emailed the landlord stating I need to break the kease, but she has not responded. What am I looking at losing? Its more than 1 month before I'm supposed to move in. The lease is a standard Florida lease.
you take possesion when you take keys,,, I think you can cancel and gte all your money back and make sure you send a certified letter 30 days prior,,,,
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Old 08-25-2012, 04:10 PM
 
Location: Places you dream of
20,063 posts, read 12,041,246 times
Reputation: 8700
she has NOT taken possession... and if certified letter arrives 30 days prior with a return signature you should be OK.
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Old 08-25-2012, 04:27 PM
 
504 posts, read 609,020 times
Reputation: 828
What does your lease say about breaking it? You signed it that is what you will be bound to.
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Old 08-25-2012, 06:52 PM
 
25,803 posts, read 39,015,790 times
Reputation: 13792
Which type of standard Flroida lease are you referring too?

There are more than one...

For example we work with the standard Realtor Flroida lease agreement which has a lease break option in it. There are 2 options provided and usually we put in the option that the tenant will have to pay 2 month rent in case of breaking the lease and than we won't go after them for more money.

If there is no break lease option then you will have to negotiate with the LL if possible or you have to offer to try to get him a replacement tenant by advertising and the LL has to do the same. If you find the LL a qualified tenant which of course the LL has to agree to then you can be released of your lease.

If the LL decline every reasonable tenant or doesn't do zip and sits back and just wants to get your money then you will have an easy case in court because a LL has the duty to mitigate the damages or he will be ordered to let you out of your lease and you get your security deposit back.

The LL can keep your security deposit if you don't do anything and stop paying the rent, than he can use it as rent money and demand more during a small claims court case.

Again trying to solve it with the LL is your best option but get in writing that he will release you because now a days a word is not worth much unless you have it writing.
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