Is it possible to get out of a two year lease when I am in the second year?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.