Asked in Contracts and Real Estate Law for Puerto Rico

Q: Is there any way to break a short term rental agreement without penalty. Especially right now amidst the COVID crisis?

I'm in a short term lease that ends may 31. we gave the landlord 30 days notice but they are not accepting it. They say breaking the lease early results in an additional penalty of 2 months rent, plus I believe they will most likely keep our deposit. I want to be able to break the lease and move back home, based on a dramatic drop in our financial situation. There is no force majeure written into our agreement. Is there anything that will let us break it and not get penalized?

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1 Lawyer Answer

A: Hello and thank you for using Justia. The best way to resolve this matter is to speak with your landlord and explain to him your reasons for wanting to move to your parent's house due to economic hardships because of the current quarentine under the Executive Order issued by the Governor.

In the event that your landlord does not come to terms , the law between the parties is the contract. The clauses and conditions of the contract are the rules to be followed by the parties when a conflict occurs between them. Thus you must first evaluate the context of your rental agreement. Read the contract to see if there is any written clause (condition) that prohibits you from moving before the end of May, 2020, and if so, what is the penalty. Evaluate your findings and decide what would be the best way to handle this situation.

Moving before the end of May 2020 will be considered as a breach of contract thus forfeiting your bond. (Depósit)

If you need additional information please feel free to contact me directly.

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