Early lease termination?

by **torin7** » Sat Feb 25, 2012 5:15 am

my wife and i asked to get out of our lease early. we have hit rough times and money is a issue. at the time we were one month behind on rent. our landlord said if we could be out jan 15th we could get part of our deposit back to use to help get into a new place. in the meantime the landlord showed the house to others and found a new renter. he signed a new contract and told the new renters they could take possession the same day we were to move. however we could not find a place to move to in the time given. now my landlord is making threats for eviction for nonpayment and money to be paid to new tenant for living expenses. we just need two weeks until we get our taxes back and have the proper money to leave. what can we do? we live in florida and i have read some of the eviction laws and know most of our rights. was it legal for him to rent the house the way he did?

by **brenn15** » Sat Feb 25, 2012 5:18 am

Wow, your landlord extended you an incredible act of kindness, and you spit in his face. Congratulations; not only can you be held responsible for your backrent and damages owed, as well as the cost of your eviction, but now you can also be held responsible for all the fees associated with the new tenant not being able to move in (their hotel fees, storage fees, moving fees, etc).

You agreed to be out on 1/15/12. You did not comply; you should have put your things in storage and stayed in a hotel until you can find a new place. The ease of this situation or the "hard times" (which, by the way, have afflicted the entire country) you have fallen on are sad, but completely irrelevant.

Your landlord was allowed (and, as a matter of fact, obligated) to mitigate his losses by getting another tenant in immediately following your supposed end of tenancy. You screwed him over, so expect an eviction and a huge lawsuit. Your "hard times" just tripled.

EDIT: Of course your landlord should only be concerned with getting his money from you. He is your landlord, not your friend; it is none of his business what personal problems you are having, and he doesn't have to offer to help you out like he did. You're acting as if he is obligated to work with you, when in fact he could have already had you out on your butt. Lose the entitled attitude and remove you and your family from his property ASAP by whatever means necessary.

FYI none of the issues you mentioned are enough to break your lease. Your landlord doesn't have to fix any of the things you mentioned, and attempting to sue him for it will only cost you more money, which you don't have. Besides, even if there was something you didn't mention that he actually did wrong, I highly doubt you took the proper steps to resolve the issue, meaning no, you can't sue him. Just get out.

by **larry** » Sat Feb 25, 2012 5:23 am

You are lucky the landlord let you out of the lease. Move to a hotel or a room and store your things. If you get that eviction on your record it will be hard to find another place. You had a verbal contract with landlord to leave because you did not have the rent money. Yes, he tried to help you and himself both. Move before you are evicted.

by **chen12** » Sat Feb 25, 2012 5:27 am

Wow. There are competitive housing markets in Florida? That's news to ... everyone.

Why don't you send the wife and kids to live with relatives while you stay behind and find someplace to rent.

You need to also think from the landlord's perspective. He has a mortgage to pay, and you promised to be out by the 15th.

by **amdt57** » Sat Feb 25, 2012 5:41 am

WOW!!
Your landlord says "sure leave the place = here's part of the deposit back"
You didn't leave and now you questioning whether it is legal????

I guess you shouldn't have contacted the landlord for help, if you didn't mean it.
you seem like a "great" guy.

by **scirwode** » Sat Feb 25, 2012 5:47 am

Yes, it was legal for him to rent the house, since you agreed to move.

"i also have not gained any money from the landlord" - You said you are already one month behind. So you have gained one month's rent.

by **tim** » Sat Feb 25, 2012 5:51 am

Wow, your landlord is nice. He let you off early and even returned some of your deposit! LEAVE now, go to a motel, go to a friend, ANYTHING. I'd be pissed if I were him too.

by **jabarl** » Sat Feb 25, 2012 6:02 am

Your hard times are not your landlord's problem. He was nice enough to strike a deal with you, you violated it. He certainly can evict you, and depending on the judge you could be ordered to pay the remainder of the lease or the living expenses of the new tenants (which he was NOT obligated to find) since you didn't get out on time. At this point, because he told you that IF you were out by the 15th THEN you would get part of the deposit back-you didn't get out, he doesn't have to give you anything. You basically ARE trying be a squatter at this point, he has no reason to give you the two additional weeks since you are already over a month behind on rent and he has new tenants.

Now, if you refuse to get out, it may take two weeks for him to get you legally evicted. However, with that eviction on your record it will be 1000% times harder for you to find a decent rental in the future, and I'm sure you don't want to put your children through that. Plus, you will end up owing him a LOT of money that he isn't currently asking for or demanding. Talk to your family and friends, find some place to crash for the two weeks until you get your taxes back, but do the right thing and leave as promised.

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