Davenport, FL asked in Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico

Q: I had to break my contract early and I paid up to the last month I stayed.

Landlord will keep security deposit for breach of contract but still wants me to pay the full amount of the lease term. Landlord has a new tenant in the unit. Can the landlord legally ask me for money while receiving money from the new tenant?

1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • San Juan, PR
  • Licensed in Puerto Rico

A: Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex landlord is within his rights to do so. I would advise that you refer to your lease contract, regarding early termination of the lease. If said penalty clause is not evident, request from your landlord -in writing- on what part of the lease contract does he base his decision to retain the deposit. Also, should he pursue through legal means the collection of the amounts he is requiring from you, he would have to base his claim on your lease agreement.

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