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

Q: my daughter and her boyfriend was scheduled to move 6/30 but they couldn’t move until07/05 because they were both out

Of town but they paid their 1st month’s rent through the residential portal and notified the leasing office that they will not be able to move until 07/05. On 07/05, my daughter went to pick up the key and she was informed that they needed to sign a new lease. The new lease is $280 more a month and they were told due to market change from June 30 to July 1st . they couldn’t afford it so They didn’t sign the new lease. What happens to the original lease? They talked to the manager and she said the original lease is cancelled, null and void. So we asked if she could put this in writing and she said she doesn’t have to because there is no lease and that they will issue an account statement showing all funds paid will be refunded although paragraph 35 says that the lease agreement cannot be amended /terminated unless in writing. What we are afraid of is that the leasing office may come back later down the road stating they owe them the whole lease term.I appreciate any advise provided

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: I find it difficult to believe that the lease can be "cancelled" simply because they didn't move in at the beginning of the lease term. You might want to review the text of the lease for any language that might suggest that. If they refuse to put it in writing, it wouldn't hurt to write them a letter confirming that the manager stated that " the original lease is cancelled, null and void". Assuming they don't want to insist on enforcing the original lease, the "account statement showing all funds paid will be refunded" should (when the funds are actually received) suffice.

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