Can I get out of my lease and leave premises?

After entering a 9 month lease on an apartment, another section was available and the landlord and I verbally agreed to a rent increase and that I wanted a new contract. That never happened and I gave the second month’s rent on the new apartment. The landlord has some behavior that I dislike and would like to get out of the lease. Because of not signing a new lease and just verbally agreeing to a $25 increase for the new apartment, could I get leave the lease?

Asked on July 10, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have no written lease agreement then you are considered a month to month tenant under the law.  So you have to follow the rules for giving notice - which is generally 30 days prior to the day your rent is due (like the 1st of the month) but I would add at lease 7 days and make sure you do it in writing (certified and regular with certificate of mailing) - and once the days have expired you can leave.  Good luck.


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