Is it possible to get out of a two year lease when I am in the second year?

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Is it possible to get out of a two year lease when I am in the second year?

Money is getting tight and a friend of ours is moving to DC and wants us to rent their house for $300 cheaper a month. We were told by someone else that a two year lease is not enforcable in the state of Florida if you are in your second year. Is this true and what can we do. Thank you in advance for your help in this matter.

Asked on June 26, 2009 under Real Estate Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Florida lawyer, and the law might be different in your state, but I'd be extremely surprised to find out that a written two-year lease wasn't fully enforceable in the second year.

However, in most states, if you break a lease by moving out early, while you are technically liable for the rent for the rest of the lease term, the landlord can't simply sit back, leave the property vacant and sue you for the money;  the landlord has a duty to "mitigate" (reduce) his damages as much as possible, and make a reasonable effort to find a new tenant.  The new tenant's rent, during the remaining months of your lease, would reduce what you owe.  You should talk to an attorney in your area, for reliable advice based on all of the facts and Florida law.


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