Breaking a Lease- SOS- Help!!!!

[QuestN4u]

What is the name of your state (only U.S. law)? Florida

Hello! Although our lease ends November 1, we have had some recent issues with our landlord who, in mid-January, offered us the following option in an email:

"If you are unwilling to abide by the terms of the lease, communicate only with us as landlords/representative and abide by all the rules and regulations of the community we will be happy to terminate your lease allowing you to find a community better suited to your needs. If you choose to terminate the lease we would ask that the unit be vacant as of February 1."

It was unrealistic for a family with a newborn to move in a two-week period.

Importantly, we were afraid that we faced eviction and did not have alternative housing. So we did not respond to this email until mid-February, immediately after we found alternative housing.

We sent the landlord a polite email requesting that we be released from our lease and the landlord outright refused.

We cannot afford two simultaneous rents and a lawsuit.

What statute can we cite or what might we say to convince the landlord that we accepted - and now acted- on this offer that we break the lease without any penalties?

We would like to leave on good terms and, as a courtesy, will offer to work with a realtor to re-rent this unit.

PLEASE HELP ASAP!!!!!!!

Thank you all in advance,

QuestN4u

What is the name of your state (only U.S. law)? Florida

 

[HomeGuru]

What is the name of your state (only U.S. law)? Florida

Hello! Although our lease ends November 1, we have had some recent issues with our landlord who, in mid-January, offered us the following option in an email:

"If you are unwilling to abide by the terms of the lease, communicate only with us as landlords/representative and abide by all the rules and regulations of the community we will be happy to terminate your lease allowing you to find a community better suited to your needs. If you choose to terminate the lease we would ask that the unit be vacant as of February 1."

It was unrealistic for a family with a newborn to move in a two-week period.

Importantly, we were afraid that we faced eviction and did not have alternative housing. So we did not respond to this email until mid-February, immediately after we found alternative housing.

We sent the landlord a polite email requesting that we be released from our lease and the landlord outright refused.

We cannot afford two simultaneous rents and a lawsuit.

What statute can we cite or what might we say to convince the landlord that we accepted - and now acted- on this offer that we break the lease without any penalties?

We would like to leave on good terms and, as a courtesy, will offer to work with a realtor to re-rent this unit.

PLEASE HELP ASAP!!!!!!!

Thank you all in advance,

QuestN4u

What is the name of your state (only U.S. law)? Florida

**A: sorry, there is no such statute. The landlord is not required by law to let you break your lease on your terms.

 

[FarmerJ]

If your rent is current and its some other issue LL has to prove the violation , SO if your lease specifically says you have to contact count dracula as property manager then thats who you contact with concerns such as repairs that are mechanical , structural or safety issues. VIA certified mail, any thing else that is a issue where they claim you have violated the lease they have to be able to prove it, SO if you brought in a dog it wont be hard for them to prove to a court by showing a court more than one dated pic with the dog in the house or chained up outside, If its LL saying they are getting complaints that you are noisy then do they have police reports ? if not its very hard for LL to prove a noise complaint to be true, If you have violated a city ord then LL should have notice from the city or other hard proof of violation. If theres a HOA yes you have to follow the rules. So If its some other issue other than non pay and you are using that rental unit as the lease allows feel free to insist to the LL your not going anywhere and they will have to show a court you did violate your lease to make you leave Or agree to a early termination where you are released from the lease in writting. BTW since march is coming up , no paying rent by money order use personal check. money orders take too long to get canceled & copies if they are lost. All communications with LL or designated agent should be in certified mail from now on. plan on taking pics now if theres repair issues and again at the end of the lease , do not be surprised if LL refuses to renew lease.

 

[HomeGuru]

FarmerJ, I thought the property was in Florida, not Transylvania.

 

[tranquility]

What statute can we cite or what might we say to convince the landlord that we accepted - and now acted- on this offer that we break the lease without any penalties?

None. You didn't accept the offer. The offer was:

"If you are unwilling to abide by the terms of the lease, communicate only with us as landlords/representative and abide by all the rules and regulations of the community we will be happy to terminate your lease allowing you to find a community better suited to your needs. If you choose to terminate the lease we would ask that the unit be vacant as of February 1."

Since "acceptance" can be defined to the unqualified assent to the terms of the offer, you didn't accept the offer. The contract was not modified.

 

[Searchertwin]

"If you are unwilling to abide by the terms of the lease, communicate only with us as landlords/representative and abide by all the rules and regulations

Sounds like you were a handful.

It was unrealistic for a family with a newborn to move in a two-week period.

Having a new born and moving is nothing. Good try to make it sound like it a lot of trouble but it's not. Again, I bet you were a handful.

Importantly, we were afraid that we faced eviction and did not have alternative housing. So we did not respond to this email until mid-February, immediately after we found alternative housing.

So now, since the situation is going in your direction, you decided to act on an old email that you refused before. Hmmm, doesn't sound right, does it?

We sent the landlord a polite email requesting that we be released from our lease and the landlord outright refused.

Do you really blame him?

 

[sandyclaus]

It sounds to me like the LL gave you a limited opportunity to be released from your current lease without penalty, as long as you could be out by February 1st. That deadline has long passed, so you can no longer take them up on it, nor is your LL obligated to extend their deadline for you.

Since it appears you have decided to go ahead and move, then you will pay the consequences of breaking the lease early. You will remain liable for the unpaid rent from the time you move out until a new tenant is found to replace you, or until the end of the lease term, whichever occurs first.

What exactly is the issue with the lease terms that are so difficult for you to comply with here?