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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
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Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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I signed a lease in Lutz, FL on 2/13/2009 for a lease term

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I signed a lease in Lutz, FL on 2/13/2009 for a lease term of 21-Aug-2009 to 7-Aug-2009. This is a residential student housing lease, I am no longer a student and will not be for the duration of the lease period. Is there any way out of this lease? I do not expect to get my security deposit back but as for the rest of the term, under there agreement I have to be a student they told me.
If a condition of the lease can't be met, then the lease is breached. However, the landlord must make reasonable efforts to find a replacement tenant. If the landlord does not, then it can't recover damages from you beyond the time a replacement tenant could have been in place.

Three months is a long time and the landlord could probably find a replacement using reasonable efforts. The landlord would also have to accept reasonable replacement tenants that you find and refer.

If a replacement is found, you would not be liable for the rental term and the landlord would have to return your deposit.

I would let the landlord know immediately of your non-student status and that a replacement needs to be found. If the landlord sits on his/her hands and doesn't take reasonable efforts, then they can't keep your money or hold you to the term. If he/she does use reasonable efforts (or you supply potential replacements), then it is likely the rental will be rerented. In that case, again, the landlord would have to refund your deposit and you would not be olbigated for the term.

Let me know if you have follow-up questions.

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