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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My son signed a 1 year lease in Aug 2013 in Florida on an apartment.

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My son signed a 1 year lease in Aug 2013 in Florida on an apartment. The apartment complex has been sold and new owner wants to tear down buildings to build new units. They are trying to get him to sign new agreement to stay to May 1st 2013 and then move out before his year agreement. He does not want to sign. Does he have any rights or damages for them to not honor 1 year lease or can he refuse to sign new agreement and move out at any time without peanalties?

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

Your son has no obligation to sign the new agreement, and the landlord has an obligation to provide a clean, safe, habitable unit for him to live in until the end of the 12 month rental term.

William B. Esq. :

If the landlord wishes to make an offer to get him to voluntarily move out early, that is a permissible contract, but they cannot force him to do so.

William B. Esq. :

If they do end up forcing him from the unit (by simply beginning construction) your son can file suit for breach of contract - the fact that they leased a property for 12 months, and 2 months into the lease decided to tear the building down will not favor their position and your son is likely entitled to generous damages for the forced move.

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response (some customers have browser interface issues and I want to avoid any delay) and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.

Customer:

Thank you for the information.

CalAttorney2 and 5 other Real Estate Law Specialists are ready to help you
You are welcome.
I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.
Thank you for using our service, please do not forget to rate my answer when you are satisfied.
Customer: replied 3 years ago.

If son agrees to sign new move out date could he do so and request compensation?

Absolutely - but remember, this is a separate contract. SO: ensure that your son agrees to move out IF they pay him $$$. Not that he agrees to move out, then asks them to give him something.

(I hope I have identified the difference).