Tuesday, May 24, 2011

Is it possible to break my lease with out penalties?

This will always depend on what was specifically stated in the actual lease contract. The new FAR/BAR residential lease contracts now come with a portion strictly dedicated to specifying whether the tenant agrees to pay “x” (which is typically 1 month to no more than 3 months rent) if the lease is ended early. This is the most commonly selected option however, there is an option that states the tenant does not agree to pay any pre-negotiated amounts if lease is terminated early and that landlord may seek damages which would probably equal the total balance left on the lease.


In the state of Florida the easiest way to get out of your lease is to reason with your landlord. As long as the landlord is not affected financially he will most likely allow you to leave without penalty. The best way would probably have someone come into replace you as a tenant so that there is no vacancy time from the day you move out, till the day the new tenant moves in.


Once the landlord agrees to allow you to move out without penalty, make sure that you get something in writing (this could be in the form as simple as an email). If you have discussed all the terms over the phone and the landlord does in fact allow you to leave, there is nothing documented and you still have a contract that states you owe him some type of penalty! If the landlord wants, he can keep the new tenant and still seek damages!!!

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