[Concert D Major]

If you have a valid reason to break a rent lease, like bug infestations, stuff in disrepair, etc., how do you get a court date to legally break the lease?

[cfenn006]

Originally Posted by Concert D Major

If you have a valid reason to break a rent lease, like bug infestations, stuff in disrepair, etc., how do you get a court date to legally break the lease?

Collect e-mails of you reporting it to the land lord (multiple occasions is pretty much needed). Take photos and videos of as much disgusting things in the home as well as the condition you live in (if you are a pig you will lose the battle). Report in e-mail you are vacationing the property due to state of disrepair, or bug infestation and demand your deposit back. Hope they give you you deposit and exit on the date you want smoothly and civilly. Take good clear and many many pictures of the place when you vacate.



Be prepared to either go to small claims court and fight or walk away from the deposit. Florida heavily favors land owners over renters. If you fight hard enough with much damning evidence you can win, but it's cant be iffy its not generally worth the battle.

[Kim in FL]

Do you have documentation that you contacted the landlord and they refused to address the issues? Or are you annoyed because they’re not moving fast enough for your liking?

You don’t need a reason to break your lease; read your early termination clause and follow it to the ‘T’. If there isn’t a clause then it defaults to star law.

You could go through route of withholding the rent through the courts, but it’s easier to just break your lease and move. If there’s an issue with the deposit, then you go to small claims court. Remember, even if you break the lease or just move out your security deposit is still going to go towards damages and unpaid rent. So think about that before you make a rash decision

[CVPFord]

Everything doesn't have to be adversarial! communicate in writing with the landlord, ask to come to an agreement that is fair before withholding rents etc.


Do not vacate the property without an understanding and agreement with the landlord.


Do not trust verbal agreements - of any kind - ask for an exit walkthrough and get signatures prior to any exit. Date and sign all walkthroughs - do NOT reply on pictures alone.

[Concert D Major]

But how do you actually get a court date? If I go to the court building and I want to get a judge to legally allow me to break the lease, how do you get a case number and schedule a trial?

[Kim in FL]

Originally Posted by Concert D Major

But how do you actually get a court date? If I go to the court building and I want to get a judge to legally allow me to break the lease, how do you get a case number and schedule a trial?

You don’t need a judge to legally break your lease. Read your lease and find the early termination clause and do what it says. Generally, you give proper notice, pay a penalty equal to two months rent and move.


Your deposit is another ballgame. If you break your lease properly, your deposit will be used for any damages to the unit; physical and financial (except for rent). If you just ‘up and move’, your deposit will go to unpaid rent first and then damages and if it’s not enough to cover both, the landlord will bill you and sue you if need be.

Read the state landlord/tenant law.... it will tell you what you need to know.

[Concert D Major]

Well, if the leasing office is negligent, then you shouldn't have to pay penalties or the rest of the lease. The concern is that if you abscond, they'll try to sue you and use a collection agency that'll ding you're credit. I'm only wanting to know how to start a court case and take 'em to court to prevent all that. So if you go to the court building and walk up to the front counter, what do you do to schedule a court date and then tell the leasing office the court date with proof so they can't lie and say they didn't know they had a court date.

[marc3565]

https://www.nolo.com/legal-encyclope...ims-court.html
https://realestate.usnews.com/real-e...ord-tenant-law

https://www.thebalancesmb.com/reason...ndlord-4137744
Key parts from this last link.
Send a Demand Letter First
Before you actually file a lawsuit against your landlord, you should send a demand letter to the landlord. This letter should state what you are seeking from the landlord. For example, you want the landlord to fix a mold issue in the bathroom. Make it clear in this letter that if this issue is not remedied, you plan to file a lawsuit against the landlord.

State Rules Differ
Every state will have different rules about when and how you can file a lawsuit. You need to check with the small claims court or with an attorney in your area to determine the exact requirements.

Basically look up or call your county courthouse for the process on filling a small claims lawsuit

[Lillie767]

Why wouldn't you just document everything as has been suggested, and then let the LL know that you are leaving on [date] because of his refusal to respond and to remedy the problems. Move and then wait for him to sue you.