Ocala, FL asked in Contracts, Landlord - Tenant and Real Estate Law for Florida

Q: Apartment landlords are trying to double charge me for terminating lease early.

I have a year long lease in Florida that is over in July of 2018. Last week I accepted a job in Houston that requires me to move there within 2 weeks so I can start (Nov, 27th 2017). There is no possibility of the 60 days notice to terminate my lease. Looking over the lease I understood that I'd have to pay an early termination fee of not more than 2 months rent ($1,770). I am totally fine with that as I know I am at fault for leaving early, until they said that in addition to that $1,770 I'd have to pay 2 months rent after I leave to make up for not giving them 60 days notice. My question is can they charge me basically 4 months rent like this?

2 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: Probably. It all depends upon the terms of the Lease and from what you describe, there are 2 conditions that need to be met, 1) give 60 days notice and 2) pay 2 months early termination. Without reviewing the Lease, based upon what you have explained, it seems that if you knew about your job in Houston in September, you could have given the 60 day notice (Oct/Nov) and moved out by December 1 with only the 2 month penalty. I would explore the possibility that your new employer contribute toward your moving expenses (ie penalty). Best of Luck! Jennifer

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Totally depends upon ther wording of the lease. Consult with a tenant attorney in the area where the apartment was located to have your lease reviewed. Then If warranted have the attorney negoatiate the early termination per the lease.

Good luck.

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