Atlanta, GA asked in Contracts and Landlord - Tenant for Florida

Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit or sub lease clauses" other than to pay the one year lease in full. On August 2nd their home buyer quit the sales contract, leaving the couple with both a home mortgage and a rental residence payment they could not afford unless they sold their home. On October 16th the elderly couple asked the Landlord of the rental residence if they could buy out of the lease. They were advised they would have to continue to pay the lease until the landlord could either sell or re-rent the rental residence. The couple moved back to their home, which has not sold to date and are now slowly draining their savings while continuing to pay their home mortgage and the rent, power and water at the rental residence.

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1 Lawyer Answer

A: A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens. I would suggest that the couple try to speak to the landlord (or his/her superiors if applicable) to try to at least get their unit at the top of the rental list.

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