Legal Question in Real Estate Law in Florida

Rental Agreement

How can you get out of a rental agreement before you move in?

My wife and I signed a rental aggreement and when we did the walk through inspection found several problems with the condo that we did not see in the first showing. Now we do not want to live there. The owner now wants to go after us for $2400 and possibly the entire years rent. How can you get out of the aggreement and not loose all of your money? We can't afford to pay them and pay rent at our current place.


Asked on 9/01/07, 9:51 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Rental Agreement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A rental agreement is a contract between the parties. Once you sign it, there is no way to "get out" of it unilaterally. What you need to do is meet with the owner and discuss an amicable resolution. Be prepared to make an offer that the landlord will want to consider.

On the other hand, the landlord does have a legal obligation to mitigate damages if the lease is breached, so it is highly unlikely that you would be held responsible to pay the rent for the entire lease if you are unable to reach an agreement. Regardless, an amicable resolution is the best solution for both parties.

Scott R. Jay, Esq.

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Answered on 9/01/07, 10:40 am


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