Breaking Rental Lease (Need Help ASAP!) (apartments, rental market, crime)

[lwilson80]

Hello,


Within the last month my tires were stolen off my car and today someone hit my car in the complex (while parked), to my understanding when paying rent you pay for the days that you reside within the unit. For instance, I paid rent on the Jan 1st, and therefore, I've paid my rent for the month. However, this is were I'm slightly confused, if I break my lease and move out lets say Jan 31st, will I have pay rent for the month of February. I'm pretty sure I've answered my own question but just wanted verification from someone.


Lastly, I'm aware that I will have to pay a fee to break my lease so my credit won't be affected and I'm perfectly fine with that.

[wizrap]

In Florida, I am unaware if a tenant has the right to break a lease due to being a victim of a crime in the neighborhood. Florida law says that if you break a lease you are liable for the remaining term of the lease.

Did you look at the Florida landlord tenant law? Or speak to your landlord? Or an attorney? I am sorry about what happened to your car. New tires and repairing a hit and run are not cheap. Good luck to you.

[cfbs2691]

Sorry for all that OP.


Your questions should be spelled out in your lease.

[Vinny536]

Is your lease month to month? I doubt it, so until you clarify I'll leave month to month leases out of my post to avoid confusion.

If your lease includes a term for a future date you are responsible for the entirety of the lease. Doesn't matter what month it currently is.

Hopefully your lease has a buyout clause, but most don't. In Florida there is no benefit to the landlord to offer such a clause. Read the lease, see what yours may offer.

I was able to break a lease in North Carolina, but in NC the landlord has a duty to mitigate damages. That means the landlord must seek a new tenant, but does not need to lower their standards to do so. I was lucky, it was a hot rental market and was immediately filled. Here is my description.
How I broke my lease (North Carolina)

I was forced to break a lease in Phoenix due to a landlord that failed to maintain the property by ignoring a major roof leak. The city of Phoenix offered a tenant-landlord mediator who walked us through the steps and verified my concerns. I don't think you have a case, but if your city/county offers such services you should call on them to get their opinion.

In Florida, with no duty to mitigate damages, the landlord may leave the unit empty and collect rent from you for the remainder of your term if you vacate prior to the lease expiration date. This is important to know, you need to negotiate a buyout with a reluctant landlord if you intend to leave.

Most importantly, this is a business deal. There is no place for emotion! Do not react to the landlords emotional responses. Do not impose your own emotions in the conversation. No one cares how the other party feels, you need to compensate the landlord for losses while protecting your interests. Be polite, forward and understand the conversation from both sides.

It would also benefit you to have an informal conversation with the landlord, but afterwards send a letter, certified with return receipt confirming your discussion. Nothing said is binding, it's an informal conversation to find what will work for both of you.

in your buyout offer consider how fast the landlord could realistically fill the apartment, how much needs to be repaired after you leave and your monthly rent. If the complex is 100% full with a waiting list then offer a buyout of one month's rent. If the complex is 50% full with apartments sitting empty for months on end, you're going to need to offer a much larger payment.

[Vinny536]

One more thing. Is your complex part of a large national chain? Some may allow you to transfer to another complex within their group. Look into that option as well.

[bentlebee]

Florida realtor lease provide two options; two month rent as penalty or being responsible for the remaining time frame of the lease and in the lease one of the two will be marked.

If your lease doesn't have that then you will be responsible.

If you are month to month you still are required to give notice and it depends on you day to pay rent when notice time frame start.