Legal Question in Landlord & Tenant Law in Florida

my wife cosigned for our son to lease an apartment in Tampa fl., in june; but the move in date was not to be untill august. Shortly after that my wife had a miny stroke and was hospitalized, since then my son decided it would be best that he did not move in, because we ended up with some unexpected medical bills.He went to the apartment complex office and informed them of his decision, and they before the move in date, and they told him they had a law made that prevented him from breaking the lease; inwhich did not began yet. He then felt he had no other choice but to move in, without informing us of this, and at the end of the same month, August, he decided to move out, because he felt they had lied to him. The problem is, that we did not know any of this, he was affraid that he would cause worry to his mother that would effect her health. He was planning on restarting college, and now they want us to pay for the whole years lease. We do not have it nor do we think it is right. We just found out about all this via a colllection agency.

Your advice would be highly appreciated

Thank you for reading this!


Asked on 10/08/09, 12:12 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Unfortunately, this is what happens when you cosign. Your son and your wife are liable for any rent that went unpaid up until the landlord could re-rent the apartment. There is a law which says a renter can't break a lease. They weren't lying to him.

No good deed goes unpunished. I'm sorry this isn't the best news to hear on top of a stroke.

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Answered on 10/08/09, 12:29 pm
Lesly Longa Longa Law P.A.

I am sorry to hear about this. If your son failed to give notice of his intent to move out early as required in the lease, you may be liable for liquidated damages as specified in the rental agreement. Florida Statutes 83.575 states in relevant part: "The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection." The landlord should be required to mitigate damages by looking for another tenant. Should you require additional assistance, please do not hesitate to contact me.

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Answered on 10/08/09, 12:48 pm


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