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?

Related Topics:
1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.