I rented a single family home in a gated community in South Florida, my decision to rent this house was mainly because of the nice community pool and ammenities. According to the realtor the community pool was getting ready in 2 weeks(this is a new community), I am living in the house for 6 months, the pool isn't ready and the summer is over. I sent a letter to the landlord giving the notice explaining why I wanted to terminate the lease and I gave him 2 months notice. Today I received a letter from the landlord's lawyer saying I can't leave because the house is in perfect condition. If I leave I would have to pay the remaining months of rent...I am trying to find the statue of Florida between tenant/landlord and can't find anything specific for community amenities where the lease can be terminated because of the community pool/ammenities. I have 3 kids and they are very frustrated because of it(well me too). HELP!! I can't afford a lawyer.
2007-09-01 10:33:52 · 6 answers · asked by mommysunnyland 1 in Business & Finance ➔ Renting & Real Estate
Thanks all for your kind answers. It is so hard to believe that I have to stay in a home that is not delivering the promised/asdvertised on MLS. The pre requesite I had when I was looking for houses was that the house had a community pool in the 1st place. Recreational or not, its a choice that can me made when you rent a property, pool or no pool, the house was advertised as gated community with ammenities. If not delivered, I believe that I have the right to find another property that have the ammenity that I want.
2007-09-01 12:03:43 · update #1
If the amenities that are unavailable are mentioned in your lease, the landlord is in breach and you can leave with proper notice. Otherwise you are stuck where you are and can't break the lease without penalty.
2007-09-01 13:22:31 · answer #1 · answered by linkus86 7 · 0⤊ 0⤋
You can't break your lease without penalty. The only grounds to break your lease are if the property is not fit for human habitation or are unsafe for occupancy. The availability or non-availability of a community recreational resource are of ZERO consequence as to those issues. And they are beyond the control of the landlord. You won't find anything about community amenities in FL law since there is nothing about that in FL landlord-tenant law.
Now, the landlord's lawyer isn't being completely honest with you, however. You can be held liable for the remainder of the lease or until the landlord places a new tenant, whichever comes first. However, the landlord does have a duty to make an ordinary effort to re-let the house in order to minimize your losses. In most jurisdictions the courts have held that 2 months is sufficient time to place a tenant although local conditions could sway that either way in your case.
Since there's nothing wrong with the house, you are legally bound by the terms of the lease that you signed. If you can't afford a lawyer then you certainly can't afford to pay rent on a place that you're not living in for 2 or more months, now can you??
2007-09-01 11:08:30 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You should be able to terminate the lease with a job transfer letter. If you no any family or friends with a business, have them write you an intent to hire letter. I believe leases in most states including Florida can be broken with 30-60 days notice for a job transfer more than 40 miles away. Regardless that your landlord already knows you want to leave, they can't do much if a legitimate business offers you a jobh and you want to accept.
2007-09-01 10:43:42 · answer #3 · answered by Accelerated Marketing 1 · 0⤊ 1⤋
I doubt you may get a doctor to sign the style of element. First - he could could do tests to confirm if loss of sleep is a scientific undertaking particularly than a "direct effect". I doubt you may get out of your lease. not less than - you may communicate on your landlord approximately it. probable they could enable it. yet you will not know till you consult from them. and not via letters the two. Make an appointment for a verbal replace. State your concern needless to say and flippantly. No anger - no yelling. Or pay the double lease for the two months.
2016-11-13 22:45:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Here's a link to Florida tenant and renters rights.
Look through it to see if you can find anything there.
http://www.hud.gov/local/fl/renting/tenantrights.cfm
2007-09-01 10:38:03 · answer #5 · answered by mister_galager 5 · 0⤊ 0⤋
Yes
2015-07-28 22:58:19 · answer #6 · answered by ? 1 · 0⤊ 0⤋