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Asked in Orlando, FL Mar. 20, 2020 ,  4 answers Visitors: 33
How can i legally break my apartment lease?

4 Answers

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Posted on / Mar. 26, 2020 23:54:15

None of the reasons you offer will exonerate you from the lease’s contractual obligations. Is there has been black mold since last August, why is it only an issue now that you have lost your job? Your best bet here is to call the landlord and be honest and ask to be excused from the lease. If the landlord agrees, get the release in writing. You likely need an attorney. Good luck.

Anonymous
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Posted on / Mar. 23, 2020 11:23:49

There simply is no "best" way, as the landlord is no more responsible for the corona virus or your jobs decisions than you are. You will need to see what the LL is willing to do about making some agreement. Opportunistic efforts to get out of leases using the virus issues as an excuse are simply not going to fare well going forward.

Carol Zimmerly
Carol Zimmerly ( Ask a Question )
21
Kissimmee, Florida
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Posted on / Mar. 20, 2020 23:12:27

You cannot breach the lease without consequences.
Of course, you can ask management to let you out early, but they don't have to.
You may be on the hook for the remainder of the lease term.
Some mold around the HVAC unit and bugs are not enough to get you out of the lease, especially since you have had them for many months and kept paying the rent (therefore waiving your right to complain about them). If you are unsure, see a local landlord lawyer for a consultation.

Anonymous
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Posted on / Mar. 20, 2020 19:40:36

Hi!

The answer to your situation depends quite a lot on details that aren't clear from your post. Are you locked into a contract for a year or longer? Are you month-to-month? It is hard to give good legal advice without looking at a copy of your lease agreement. A Florida attorney should be willing to meet with you to discuss your situation (probably via a skype call or something) if you can share the documents with them digitally.

I have tracked down laws specific to Florida, and found this resource: it is a link to laws enacted by the Florida legislature on your subject.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

All that said, leases are contracts, and general contract laws usually apply, although they can be modified by laws specific to landlord/tenant relations. In the law of contracts, there are two major legal principles that you should consider. The first is the doctrine of repudiation. This is also called "anticipatory breach."

Repudiation occurs where one party says they will not honor the contract. It can be that they are unwilling or unable to pay. Repudiation is seen to be quite a serious matter and the court requires a ‘clear indication’ that a party is unready or unwilling to perform the contract.

If you repudiate, your landlord will be entitled to cancel the contract, and can let you out of the lease. You will need to be ready to vacate quickly because they will want to keep the space rented. However, your landlord's other remedy is to file a lawsuit trying to enforce the lease. This can make repudiation a scary decision!

The reason you might want to repudiate is because of the second doctrine I mentioned earlier: the doctrine of "mitigation of damages." The gist of this doctrine is that if your landlord is aware that they will not be able to collect rent from you, they have an independent responsibility to find someone else to lease to.

So if you tell your landlord that you will be unable to afford rent moving forward and you have no choice but to cancel the lease, your landlord will have an affirmative duty to mitigate the financial consequences they will suffer by you breaching the contract. Keep in mind the coronavirus. A court would be more forgiving to your landlord because -- very probably -- nobody is interested in entering into a new lease right now. Depending on your financial circumstances, you might want to provide 30 or 60 days notice.

If you tell your landlord you have no ability to pay, but they refuse to let you out of the lease, then you have another option, which is to file a petition with the Court -- before you breach the lease -- asking to be let out of the contract. The core question for the judge will then be whether your landlord had a reasonable amount of notice. This kind of lawsuit would be authorized by the Florida Declaratory Judgment Act, available for your review at this link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0086/0086.html

Please note that in most jurisdictions, there are strict procedures that tenants must follow if they are going to withhold rent for problems like moldy AC units or infestations.

The pandemic has created a lot of uncertainty in the law. Not going to lie, if your landlord wants to make things tough for you, they can. At the end of the day, your landlord is a businessman trying to protect his bottom line. If you have a bad day in court, you might be able to convince them that trying to collect rent from you will be extremely expensive, stressful, and time-consuming. Especially if you have no income or meaningful assets, or if you can legitimately threaten bankruptcy.

You will best protect yourself if you communicate with your landlord about your situation, and do it early. Hopefully they will be reasonable.

See if you can set up a video conference with a Florida lawyer and see what they say.

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