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we are terminating our apt. earlier than the contract length. We just have to pay two months additional rent. Now the rental company has already posted the apt. for rent again few days after we move out (next week). If the company rents out the apt. before our two months "penalty", are we still obliged to pay the two months rent?
Example we move out Oct 31st. We have to pay for Nov + Dec (two months). The apt. is rented out Nov 15th. do we still have to pay for the remaining 1.5 months? We are in Florida.
Also would you pay the two months up front (upon leaving), or would you wait till the period is over? If you pay both months rent upon leaving, and they rent it out in the mean time, you might have difficult times in getting the money if you are entitled for them...
If anyone can post some legal references that would be great (in stead of "I think")...
You’re not paying rent, you’re paying a penalty equal to two months rent. If your move out date is 10/31 then you hand the payment and keys to the landlord on that day. He can rent it anytime he wants after you move out.
Read your lease and read the Florida landlord/tenant laws.
Pay special attention to part (4), as this is where it mentions the payment of liquidated damages or an early termination fee. This would have to have been agreed at lease signing, not later.
See Paragraph 4. If your lease specifies the two month early termination fee and you pay it when you leave then it doesn't matter when the landlord re-rents because you have agreed to the fee and you don't get any of it back.
That's because you're not paying "rent" for Nov and Dec. You're paying a termination fee for moving out on Oct 31. It's a fee, not rent, and it's allowed by statute.
If you leave without paying it, you are in breach of contract and the landlord can immediately file suit against you for the fee plus any damage repair costs. He would have no duty to mitigate.
You’re not paying rent, you’re paying a penalty equal to two months rent. If your move out date is 10/31 then you hand the payment and keys to the landlord on that day. He can rent it anytime he wants after you move out.
Read your lease and read the Florida landlord/tenant laws.
I understand that, I just thought, that in FL you are not allowed to collect rent from two different tenants for the same unit. Call it penalty or whatever... Is that true?
I understand that, I just thought, that in FL you are not allowed to collect rent from two different tenants for the same unit. Call it penalty or whatever... Is that true?
They’re not “double dipping”. You chose to break your lease and they chose to accept a penalty equal to two months rent, in lieu of suing you for the balance of the lease. Some Florida landlords do not have an early termination clause, so if their tenants wants to leave early, they owe the balance of the lease the day they leave. If they don’t pay it, they’re going to court.
They can take your penalty on the 31st of Oct at 0900 and move someone in at 0901 if they desire.
Contingency:
May I inquire if the early termination is due to a military deployment or change in military station?
Is it because you acquired a home and settlement is transpiring shortly?
Both those reasons have been used to supercede some of these state side lease/rentals .
I can in my lease give 2 weeks notice covered by federal reasons : military, home buyer and no amount of 'fees', early termination, penalties can be enforced.
Guess the take away to any lease is the 'terminology' tossed around . Rent vs penalty are not interchangeable.
Some Florida landlords do not have an early termination clause, so if their tenants wants to leave early, they owe the balance of the lease the day they leave. If they don’t pay it, they’re going to court.
Not that simple. Under the statute I posted he would have to leave the rental empty until expiration of the lease term and then go after the two months rent. Otherwise he would have to mitigate by renting it as soon as reasonably possible.
Quote:
May I inquire if the early termination is due to a military deployment or change in military station?
That has traditionally be addressed by the federal Soldiers and Sailors Civil Relief Act but in Florida it's also codified by Statute 83.682.
Quote:
Is it because you acquired a home and settlement is transpiring shortly?
There is no such exemption in Florida law nor in any other state that I am aware of. Though there is nothing stopping a landlord from cutting a tenant some slack if that happens.
Not that simple. Under the statute I posted he would have to leave the rental empty until expiration of the lease term and then go after the two months rent. Otherwise he would have to mitigate by renting it as soon as reasonably possible.
That has traditionally be addressed by the federal Soldiers and Sailors Civil Relief Act but in Florida it's also codified by Statute 83.682.
There is no such exemption in Florida law nor in any other state that I am aware of. Though there is nothing stopping a landlord from cutting a tenant some slack if that happens.
No, it’s not that simple but he can’t just up and move scot free either. Having an early termination clause makes it much easier to break the lease. Of course, even without one you can ans the landlord can come to an agreement
Last edited by Kim in FL; 10-23-2020 at 03:53 PM..
In Florida, the landlord has a choice of adding an early termination fee or demanding that the tenant pay for the remainder of the lease. There is no duty to mitigate under Florida law.
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