Los Angeles, CA asked in Landlord - Tenant for Florida

Q: FL lease has liquidated damages/early termination addendum. landlord claiming I must pay remaining 8 months. can he?

I've lived in same apartment in FL for 7 years. Original lease included the liquidated damages/early termination addendum with a fee of $2400 in case of early termination and says landlord waives other remedy. Each of the last 6 years we signed a simple 1 page extension with new rent amount, term and it said all terms of lease remain in effect. at end of 7th year, we renewed for another year, but a month into it we asked landlord to move because we needed a bigger place (both spouses working from home and 2 children virtually learning in a 2 BR). He first agreed, and then 2 days later called to tell us changed his mind. At that point we had already made an offer that was accepted. now he's telling us we must pay all the rent for the remaining 10 months. If we signed the addendum, does he still have the right to claim the rent for ALL the remaining 10 months? i thought the point of the addendum is that was the early termination fee.

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

A: Unless one of the seven or eight re-ups change that term the original lease term is still in effect. Wait until you close on the new house then copy the original term and tender the $2,400 along with the copy of the liquidated damage term. Then move out.

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