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I recently was recently given a contract to lease instead of a lease renewal, this contract to lease had the following clause, therefore, I understand that if I break the contract to lease I would only lose my deposit,
please see the following: "Failure to Perform: If tenant fails to perform any of the promises of this contract, the deposit paid by tenant may be retained by or for the account of landlord as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; and the parties will be released from all obligations under this contract. If landlord fails to perform any promises of this contract, tenant may elect to receive a refund of deposit paid without waiving any action for damages resulting from landlord's breach"
To lease document was provided to me, this is the only document I have for the extension of the lease that I need to break.
Yes and no, the word may greys the situation up a little bit. The landlord has the option to retain the deposit and if he does you would be released from the obligations under the lease which would include returning the unit in the same shape. However the way it is worded the landlord has the option to not accept the deposit as payment and hold you liable for the remainder of the lease.
Seems that clause goes against most state rules about security deposits. And state rules likely trump. I question whether that clause is valid or enforcable from a legal standpoint. Seems like a small landlord added their own clause without understanding state law, IMO.
Too bad they didn't add an early termination clause that would have been more clear and more likely more enforcement.
If you google "Failure to Perform: If tenant fails to perform any of the promises of this contract" it pulls up a bunch of Florida leases and seems to be a very common Florida lease clause.
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