Can my landlord legally require me to find replacement tenants if I choose to break my 12-month lease early?
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Can my landlord legally require me to find replacement tenants if I choose to break my 12-month lease early?
The day I moved into this apartment, one of the neighbors who was moving out told me “good luck” because 3 of these 4 apartments got burglarized last year. I quickly realized that this is a terrible neighborhood, and I am terrified to live here. I want to break my lease so I can move to a safe neighborhood. In my lease it states that I may only break my lease early if I find replacement tenants and pay a $300 administrative fee. Is this policy legal?
Asked on August 11, 2010 under Real Estate Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is not the tenant's responsibility to find replacement tenants. That is the landlord's responsibility. A landlord can continue charging you rent for the remainder of the lease term if you break the lease until the place has been re-rented. The landlord has to mitigate (minimize) damages (monetary compensation) by making reasonable efforts to re-rent the place as soon as possible and not just allow it to sit vacant. If due to market conditions, the new tenant is charged less than the amount of rent you were paying, the landlord could hold you liable for the difference in rent for the remainder of your lease term.
The provision of the lease regarding the tenant finding replacement tenants was poorly written, but was probably intended to inform the tenant that the tenant remains liable for the rent as discussed above until the place has been re-rented.
Although you can challenge this poorly written provision in court, it may be difficult to prevail because the lease is a contract and by signing the lease you agreed to that provision. Sometimes a court will consider the relative bargaining strengths of the parties to a contract and may modify an extremely onerous provision when there is a great disparity in the relative bargaining strengths of the parties. Although that is within the judge's discretion, I would not count on that happening because it is extremely rare and although the provision is poorly written, even if modified, you would still remain liable for the rent until the place is re-rented by the landlord.
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