Legal Question in Landlord & Tenant Law in Florida

I went into a lease agreement on a condo in a Florida neighborhood where half the condos are owned and half are leased. The leasing office gave me a condo that they called a "receiver unit" meaning the unit was in foreclosure and could be sold. The lease states that if the unit is sold I would be given 60 day notice and could either move into another unit in the complex or be given cash to help with my move to another property. There is also an early termination clause in the lease that states that if I needed to terminate the lease early I could with 60 day notice and early termination fee that is equal to one month's rent. I am buying a house and submitted notice on Oct. 4 that I would be moving on Dec. 4. On Oct 29 I received notice on my door from an attorney that the unit had sold and that I had 90 days to vacate. Since I was already moving, that is not of concern. However, When I called the attorney they said the HOA never held title to the unit to rent. So now my question is, am I still legally obligated to pay the early termination fee since I would have had to move before my lease was over anyway?


Asked on 11/18/13, 12:06 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

I wouldn't.

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Answered on 11/18/13, 2:12 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You are responsible for any written contracts you executed. The condo can be entitled to rental payments by Court Order without ownership. I would seek legal counsel before you just don't pay it.

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Answered on 11/18/13, 2:45 pm


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