Eviction for Unpaid rent on early termination of lease

Submitted by cphillips34830 on

Jurisdiction: 

Area of Law: 

Question: 

I terminated by lease two months early. I gave a written notice to the landlord, but have not paid the rent for the two months because I already moved out of the apartment on the date stated in the letter. I have attempted to resolve the unpaid rent debt with the landlord, but they refuse. The landlord is filing an eviciton and have included attorney and late fees to the money owed. Can they do this even though I moved out and turned in the keys? What should be my next step?

Selected Answer: 

If you terminated your lease

Submitted by Staff_Writer on

If you terminated your lease prior to the end of your rental term, you may be liable for the rent for the time remaining on your lease. In Florida, your landlord has three remedies available if you breach a rental agreement. For example, a landlord can stand by and doing nothing while holding you liable for the rent. Or the landlord can choose to re-take possession of the residence and try to rent the residence to a new tenant, holding you responsible for paying any difference in rent. If the landlord is able to re-let the residence, you should receive credit for any rent the landlord receives. However, if your landlord refuses to communicate with you, there is little that you can do to negotiate without obtaining legal assistance.

Therefore, contact an attorney in your state to discuss your options regarding this situation. In addition, for more information about Florida’s Landlord-Tenant law, go the Florida Bar Association’s website http://www.floridabar.org/

All Comments

RJasondeGroot's picture

First step: Talk to an

Submitted by RJasondeGroot on

First step: Talk to an attorney.

You asked this about 5 years ago. Whenever you have legal questions, the very best thing to do is to have a full discussion with an attorney. Some offer free initial consultations, call around and find out about that.

If you terminated your lease

Submitted by Staff_Writer on

If you terminated your lease prior to the end of your rental term, you may be liable for the rent for the time remaining on your lease. In Florida, your landlord has three remedies available if you breach a rental agreement. For example, a landlord can stand by and doing nothing while holding you liable for the rent. Or the landlord can choose to re-take possession of the residence and try to rent the residence to a new tenant, holding you responsible for paying any difference in rent. If the landlord is able to re-let the residence, you should receive credit for any rent the landlord receives. However, if your landlord refuses to communicate with you, there is little that you can do to negotiate without obtaining legal assistance.

Therefore, contact an attorney in your state to discuss your options regarding this situation. In addition, for more information about Florida’s Landlord-Tenant law, go the Florida Bar Association’s website http://www.floridabar.org/