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This is entirely something you need to try and work out with your landlord. Your lease is a contract by whose terms you must abide and legally you're responsible for paying the rent until the lease term ends. If it came to a court case, your LL would have to demonstrate that he has tried to mitigate his losses by re-renting the space.
Make an appointment right now with your landlord, sit down with him, explain the situation and see what he says, Most landlords are very fair when good tenants are honest with them. And hopefully you're looking hard for a new job. Good luck.
I say avoid the hassle and headache and let him go. Maybe agree to keep half of the deposit and Im sure youll have another tenant in there within a month.
Contracts are enforceable but only by court, I doubt the deposit is worth the hassle.
I second that, why ask for all the arrgavation. piant it then rent it out.
Dont make a big fuss over it.
Sometims things happen where a tenant really does have to move for a valid reason.
i would just let the tenant go and get another tenant.
Hi i have rented a townhouse lease ends in sep 2013 i have emailed them about washer and dryer not working they sent 2 repair men and they are the same they refused to change them out my elestric bill is high cause i have to put the dryer 2 sometimes 3 the other day there was a note left on the door about them changing the locks on the unit we called the property manager and its been 3 weeks and no answer from them for us to know what to do I dont feel safe leaving me my home and one day come back with the locks changed can i terminate my lease
Hi i have rented a townhouse lease ends in sep 2013 i have emailed them about washer and dryer not working they sent 2 repair men and they are the same they refused to change them out my elestric bill is high cause i have to put the dryer 2 sometimes 3 the other day there was a note left on the door about them changing the locks on the unit we called the property manager and its been 3 weeks and no answer from them for us to know what to do I dont feel safe leaving me my home and one day come back with the locks changed can i terminate my lease
Whoa. Start over. Write separate sentences. Explain yourself clearly. Then ask a question. What you have written is what's called WOT - wall of text. People won't read it in order to help you.
"...After a change in state law July 1, landlords are adding so-called early termination fees, equal to two months' rent, to their lease contracts....Tenants now may choose to accept or reject the early termination clause...
Until this summer's change (I think that was 2008) to Florida law...Landlords...could continue collecting rent until they found a new tenant, regardless of whether it took a few weeks or six months....If a tenant checks "no" on early termination fees, this system still applies.
Renters now can agree to an automatic, two-month penalty for breaking a lease. Landlords also can collect any unpaid rent and "other accrued charges," such as costs for cable, as well as assessments for any damage to the unit."
I'm not sure but I believe that if the tenant checks "no", then upon breaking the lease, the landlord is required to put forth due effort to finding a new tenant, which means you need to at least advertise as well as when you rented to the guy who broke the lease.
I do not believe you collect double rents in that case but must stop charging the past tenant when the new lease begins. Of course, if the tenant had checked "yes" to the new law, then you get your two months penalty even if you find a new renter quickly. Double check me on that for yourself as I'm about to get some rentals ready but still need to study this topic myself.[/quote]
In my searching I also found this-- sounds right but Fl did have some recent law tweaks, I'll call counsel Monday at wrk maybe he can help me... but Ill take all suggestions.. The unjust enrichment that AFFA refers to is commonly known as "double dipping". It refers to a LL collecting twice for the same unit for the same time period (collecting rent form the previous tenant, but still collecting rent from a new one.) It is not permitted to collect rent from two tenants for the same unit. However, management has stated that the tenant must pay a "termination fee" (a penalty), not future rent. Termination fees are not considered unjust enrichment since they are a flat rate fee to be released from the obligations of the lease. They replace the obligations like rent until the unit is re-rented, advertising fees, agents fees, and other non-reimbursed expenses. These fees are typically equal to 2 to 3 months of rent, but are a one time flat rate fee that allows release from the lease. This is not unjust enrichment nor double dipping.
If this fee is written into the lease or rules and the tenant agreed to it when they signed the lease, they can be made to pay it. They are breaking their lease, they need to be released from the lease obligations. After a termination fee is paid, the LL can re-rent the unit at any time. The former tenant does not get any of this money back - even if the unit is rented the next day. Likewise, the former tenant owes no other money, even if the unit is still vacant 6 months from now. The fee is just that, a fee to be released from the lease. Since this tenant wants to be released from the lease 9 months early, the tenant needs to pay the release fee. That is the penalty for breaking a legal contract.
In my searching I also found this-- sounds right but Fl did have some recent law tweaks, I'll call counsel Monday at wrk maybe he can help me... but Ill take all suggestions.. The unjust enrichment that AFFA refers to is commonly known as "double dipping". It refers to a LL collecting twice for the same unit for the same time period (collecting rent form the previous tenant, but still collecting rent from a new one.) It is not permitted to collect rent from two tenants for the same unit. However, management has stated that the tenant must pay a "termination fee" (a penalty), not future rent. Termination fees are not considered unjust enrichment since they are a flat rate fee to be released from the obligations of the lease. They replace the obligations like rent until the unit is re-rented, advertising fees, agents fees, and other non-reimbursed expenses. These fees are typically equal to 2 to 3 months of rent, but are a one time flat rate fee that allows release from the lease. This is not unjust enrichment nor double dipping.
If this fee is written into the lease or rules and the tenant agreed to it when they signed the lease, they can be made to pay it. They are breaking their lease, they need to be released from the lease obligations. After a termination fee is paid, the LL can re-rent the unit at any time. The former tenant does not get any of this money back - even if the unit is rented the next day. Likewise, the former tenant owes no other money, even if the unit is still vacant 6 months from now. The fee is just that, a fee to be released from the lease. Since this tenant wants to be released from the lease 9 months early, the tenant needs to pay the release fee. That is the penalty for breaking a legal contract.
TinyTrump, what is your situation? What is your question? You say you will welcome advice, but all I see is a bunch of cut and pasted laws.
2- I am in the same dilema. Just got a job offer/ (govt emp) but not military.. and need to move to another area 100 mi. away. ASAP- I did sign the 2 mo penalty fee clause and for me it's steep. ($1600) My apt was recently upgraded and I have great view and is impecable etc - so I am sure will rent quickly... Just wondered if I could get my fee $$ back...I have No real deposit got in with a Move in Special of $100. So it's alot of money I have to come up with along with move, ect and its just me... so asking, researching etc. thanks
Okay, I did some research. You are stuck with the 2 month early termination fee, and the landlord can relet to someone else and collect from both of you for that period of time.
It was the court's way of coming up with a compromise, helping tenants who used to be stuck with rent for the entire length of their lease.
Here's the link to the law (Your link didn't work):
How much time is left on your lease? Can you commute until it's up?
Maybe you can make payment arrangements with your current LL.
Sorry I didn't have better news.
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