Any way to cancel a renewed lease agreement 3 months prior to it’s activation?

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Any way to cancel a renewed lease agreement 3 months prior to it’s activation?

I have been living in an apartment complex in Gainesville, Florida for about 5 years now and, in March of this year, I renewed the lease for another year (August 2009 – July 2010).Unfortunately, I have to move back to my hometown, Miami, Florida, as soon as possible. Now, I don’t expect that there is anything I can do about the lease I am currently in. However, is there any way I can get out of my renewal lease, considering it does not start for another 3 months? It’s not like my cancellation will keep them from having ample time to find a replacement tenant.

Asked on May 12, 2009 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you consider ample time may not be what they consider ample time.  Check your contract and see what outs you have.  If none that are immediate, tell them in writing and verbally immediately.  Explain you must move out and ask they surrender the lease and let you leave.  If they do, they can choose to give your deposit (minus normal wear and tear and cleaning) back, they can choose to keep as possible liquidated damages (to help cover the cost of finding a new tenant) or they may make you responsible for the new lease until a new tenant is found.  For the latter option, understand they have a duty to mitigate their damages, so they be diligent in finding a tenant. 

 

Hope this helps.   For more information on your specific state: http://www.800helpfla.com/landlord_text.html


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