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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37392
Experience:  Attorney over 16 years, landlord 26 years
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Breaking a 6 mo. lease in Florida reason.

Customer Question

Breaking a 6 mo. lease in Florida for medical reason.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What is your legal question that I can help with this afternoon?

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thanks

Barrister

Customer: replied 1 year ago.
My daughter is ill, lives in humid florida and doctors wants her to move to a dry climate.
She wants to move to Az. and has given written 30 notice on a 6 mo. lease. Does Fla
recognize medical necessity?
Expert:  barristerinky replied 1 year ago.

Unfortunately no, a tenant's medical problems wouldn't give her legal grounds to terminate the lease. However, if she is breaking it, the landlord has a legal duty to mitigate his damages and attempt to re-rent as soon as possible.

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Once he does so, he can only hold her liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold her liable for that lost rent plus any advertising costs. The law seeks to put the non-breaching party in the same position they would have been in but for the breach.

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So to minimize her potential liability, if she has to breach, make sure she leaves the place as close to spotless as she can so the landlord can immediately put it on the market and hopefully rent it quickly.

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But the reality of it is that he would have to sue her wherever she is located, so it is pretty unlikely that a landlord would travel to AZ to sue her...

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thanks

Barrister

Customer: replied 1 year ago.
Thanks for your help.
Expert:  barristerinky replied 1 year ago.

You are very welcome. If the landlord has a security deposit, and she leaves the place in good shape ready to rent, then it is unlikely that he would try to pursue her for breaking the lease..

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thanks

Barrister

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