Job Loss, Break Lease?

[Nahnook]

My jurisdiction is: Florida

Hello, I'm a Florida resident who has leased a townhome for almost a year and a half now. I've paid my rent on time and have, what I would think, a pretty good rep for being a good Tenant, but I'm probably going to be laid off from work(they're moving to another state), if not this month, sometime in the next few.

Unfortunately, I didn't have this information until recently, and definitely didn't know about it 4 months ago when I renewed my lease for a year.

I've never broken a lease before, but I'm about 95% sure that I will have to soon .

I need to speak to my landlord about my opinions, but I wanted some advice on how to approach the subject with out seeming like I'm trying to 'use' their good-will. Their last tenant skipped out on last months rent(which is why they made me pay it ahead of time as part of the deposit), so I'm not sure how they'll react to me asking to be let out of the lease.

I've tried to read up on florida law regarding lease breaking and any rights I might have, but I'm seeing pretty much nothing. My lease doesn't include a clause specifically geared to canceling the lease, but does say if I breach the lease, my deposit(including last months rent) is forfeited and I'm required to pay the remaining months rent, court costs, etc.

I'd be fine with letting them keep the deposit(basically 2 months of rent) if I could make a clean break, but I'm afraid they'll try and take me for all I'm worth. I'm really scared, I can't afford to pay rent on one place, let alone two.

I guess what I'm looking for is options. Can anyone give me some advice on my circumstances?

 

[Gail_in_Georgia]

Explain your employment situation with the landlord/management and request that you be allowed to attempt to find another tenant to "sublet" or take over your lease.

While it is true that if one breaks a lease they are responsible for the remaining months on it, a landlord also has an obligation to attempt to find a new tenant. In other words, they just can't sit back and expect the original tenant to have to pay all of the remaining months left on the lease.

As a general rule courts give a landlord roughly two months to find another tenant (which is why many leases will have a penalty of two months rent for breaking the lease). Once another paying tenant is in place, the orginal tenant no longer has a financial obligation (i.e., the landlord cannot "double dip" and collect 2 rents).

Again, I'd sit down with the landlord and have a heart to heart talk regarding your employment situation and request that you be allowed to look for someone to sublet the place with their approval. Then begin advertising in places like Craigslist, etc. for someone to replace you.

This time of the year is typically a good one to find new tenants as folks are looking to be moved in before school restarts.

I hope this makes sense.

Gail

 

[Nahnook]

I appreciate your reply! Thanks very much Gail!