Q: Hi I'm unsure if the assignment/subleasing clause in my lease is enforceable?(More detailed question in the description)
Scenario: My lease contains a clause that states that they charge a reasonable administration fee to find a new leasee as well as process them in the event that I wish to sublease, however, I have already secured a ready and willing leasee for them. Furthermore the property manager has confirmed with me in multiple emails that they do not search for new leasee's regardless of the situation and that the application charge is to be paid by my new subleasee to cover credit checks.
Can they charge the application fee to the new sub-leasee and an administration fee that is supposed to cover credit screening and securing a new replacement tenant to the current leasee?
Would this administration charge be considered liquidated damages as described in FL. Stat. 83.595 (4)?
If it is considered liquidated damages, how closely does that clause need to resemble the example that this statute provides?
A:
Hard to say for certain without first reading the documents. However your thinking that a admin charge is liquidated damages is way off base. The two things are not related. And will not come into play unless a judgment is issued.
Here's another way to view this situation. The landlord owns the property and made a written agreement to rent the same for a stated period. If you as a tenant are disputing the terms of the lease or portions of the terms then you likely become less of a desirable tenant. (ie: landlords like tenants who pay on time and give them little issues).
So this situation sounds like the phrase: "know when to pick your battles", in the long run even if you win you lose as the landlord at worst has to let you stay until your lease expires. Then the landlord is free to not rent to your again. Probably best to just pay the small admin fee and move on the down the road.
Good luck.
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