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I rent my house yesterday March 1, the tenant called me the next day to canceled the lease after she walk the house and aceppted all the conditions, she already gave me the security deposit check, the first month and last month wich is the comition for the realtors, is the tenenat in the right to do this?
No she can't just cancel the lease because she no longer wants it. If you fulfilled all the agreed upon conditions she signed paid and accepted the keys she's bought it. Now you CAN let her out of the lease if she agrees to pay the penalties ( whatever they may be). I would call and speak to the realtor who found her to at least explain why they may not be getting a commission check.
I hope you cashed her checks before she could stop payment. In FL, the laws say she's on the hook for the entire lease, unless you put a termination clause in the lease.
First, cash those checks! Then, see if there is a termination clause in the lease. It may be called "liquidated damages" clause.
In FL, as landlord, you have several options. You can let her go without penalty, you can take possession and try to get another renter in there - then only charge her rent until you find a new tenant, you can just charge her the termination fee (liquidated damages) as long as it is done per the FL law (see link below). Or, you can sit on your hands and demand that she pay rent until the lease is over - even if she never moved in - if there's no termination clause in your lease.
The simplest thing to do is just keep the first month's rent as compensation (perfectly legal) and return the last month and the security deposit. If your contract with the realtor demands that you pay them their commission even if the tenant breaks the lease then deduct that from what's been paid too.
My daughter would like to cancel a student housing apartment lease at florida state prior to moving in. She signed an apartment lease in Florida December 2013 (execution date) for student housing and is scheduled to move in Aug 16. Payment is due August 1, in a few days. She would like to cancel the lease and not sublease. She was verbally told there was a lease cancellation fee at the time she signed the contract, but didn't confirm by asking to see where it was stated in the contract. This is not in the contract, and has been denied by the personnel who gave her this information. She is sharing this apartment with 3 other girls who would also like to cancel the lease. The "Release" paragraph does not offer a release of contract. Under a security deposit paragraph, it states "If the first monthly payment due on Aug 1, is not received by apt, they may at their option cancel the lease and make premises available for rental to other prospective residents..." "apt may choose to keep security deposit and other fees..."
I assume the apartment complex does not have to be diligent about finding other tenants and can hold these girls to the lease, of which you can't blame them. I assume the verbal statement made by the apartment representative of a lease cancellation fee if cancel before August 1, is irrelavent since it does not exist? Either way, it's a good lesson for my daughter.
Any advice you could provide would be greatly appreciated.
I need immediate response to this please. I have a lease that my now ex boyfriend signed and wants his name off because he's not living there. The lease doesn't become effective till July 12, today is the 8, but my son and I have moved in and my name is not on the lease. I paid the depisit, but I now need to move because since filing for bankruptcy, they told me that I couldn't lease the house which is why the ex signed. My question is am I entitled to my depisit back to find another place and cancel the contract since it is not officially in effect?
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Please help I need to know what I should do I paid first month rent and signed a lease with a verbal agreement that the property would be painted before I move in it was not painted can I get my money back and back out of lease
I paid first month rent and signed a lease with a verbal agreement that the property would be painted before I move in it was not painted can I get my money back and back out of lease
No, unfortunately you have no proof of the verbal agreement. That's why whatever you agree to verbally MUST be put in writing. When I have a lease with a tenant whatever we agree to gets written in the lease.
One of my tenants wanted the house repainted before move in. She was very nice, great credentials and I wanted her as a tenant. So I agreed simply because spending 1200 to paint a property (it's a small property) was worth it because she was a great tenant on paper, which turned to a great tenant for 4 years. Not one missed payment and the check arrived on the 27th of the month for next month. House was painted before she moved in.
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