Orlando, FL asked in Contracts and Landlord - Tenant for Florida

Q: Can I break my son's college lease due to recent psychiatric issues he is undergoing which requires a medical withdrawal

The apartment complex does not allow one to break the lease.

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Sorry to hear about your son's ordeal. I assume your son is on the lease, not you, unless you also signed as a guarantor. Whomever signed the lease, it cannot be unilaterally terminated unless the terms of the lease permit it due to situation you are talking about, and I'd be surprised if it did. If the terms of the lease don't provide an out, ask the landlord if he/she/it is willing to terminate early because of the unforeseen troubles. If the landlord does not agree to the total relief requested, perhaps a compromise can be worked out, such as the landlord keeping the deposit but agreeing in writing to terminate (with signature), so that nothing further is owed. If nothing can be worked out, and your son vacates, the landlord could sue for the balance owed MINUS rental income for the remainder of the lease period from a replacement tenant, which the landlord must make an effort to find in order to mitigate the damages. If the landlord sues, your son (if he's the only one responsible for the rent) could look at the option of discharging the debt in bankruptcy (if he's eligible), though that would hurt his credit standing for a while - and the prospect of bankruptcy could be mentioned to the landlord for leverage in negotiations.

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