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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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RMS My situation is this, Myself and my wife have been in

Customer Question

RMS
My situation is this, Myself and my wife have been in a rental agreement in FL. Recently my landlord was arrest for domestic violence charge, (trumped up regardless), as a friend he asked if he could stay with us as he has a no contact ruling from the court we agreed as he is not a violent person and has been proven so by same court. In the interim we agreed to with him to terminate lease and put utilities back in his name so as he would have safe haven for his two kids. Since we have done so, myself and my wife are getting the (Get out of the house now feeling) and we have not been giving a fair amount of notice to do so, even though we are actively looking. We both feel we now that we terminated our lease to early and have no recourse as to the landlords wishes.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.
Under Florida law, you do have recourse, meaning that you can reinstate the lease and declare the termination invalid because you were made to do it by the landlord under duress and also he gave you false pretenses to mislead you to terminate the lease by telling you that he needed a safe haven for his kids.
In addition, in order for the termination to be valid, he would have had to give you some kind of consideration, like a payment or free rent or something of value, and since he did not, you can claim that the termination was without consideration and therefore not valid. That would enable you to reinstate your lease.
Good luck to you. Please rate the answer 4 or 5 and close out the question. I wish you all the best.

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