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

Q: Can leasing office force you to pay 2 months rent if you never moved in/got keys or paid a deposit? But did sign a lease

3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Without reading the lease, there's no way to answer the question. However, most leases require you to take possession. Also, once you signed the lease, you took the apartment off the market, as it were. The LL couldn't rent it because you had a lease on it. I think any way you slice it, you lose. If you force the LL to sue you, I think you lose the case which will make you liable for the rent, probably some interest, the costs to file the suit, and the LL's attorney's fees. But again, that's my feeling. You should probably consult an attorney to let him or her review the lease.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Wow. Since the amount of money you are being assessed is so high I would suggest hiring a lawyer and ask them to take over this potential dispute; why? Because you can be sure the landlord has a lawyer helping them collect stuff.

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

A: I would agree that the lease needs to be reviewed prior to answering this question, but I surely wouldn't just hand over $3K to them just because they say so. particularly under today's circumstances. No telling whether they will really do anything to collect this. I would also assume that they have an obligation to mitigate their damages under the terms of the lease.

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