Legal Question in Real Estate Law in Florida

Rental Agreement

My wife and I signed a rental agreement after seeing the first showing of a empty condo. The only thing we noted to be done was the condo was to be cleaned before move in. On move in day the condo was filthy and we found several problems on the walk through inspection(two pages of problems). Now we don't want to move there and the landlord is trying to go after us for $2400 (two months rent) or possibly the entire years rent. We can not afford to pay the landlord that money and still pay our rent at our current apartment. How can you be forced to move in to a place you no longer want to live in. The landlord agreed to fix only a few problems that our realator thought was major proplems, howevere, we told our releator that we no longer want to live there.


Asked on 9/01/07, 10:10 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.

This is a repeat of your earlier question with just a bit of added information. As I stated in your other question:

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.

You can be "forced" to pay for the contract you signed, but cannot be forced to move into the apartment you no longer want to live in. That is the basic tenet of contract law....it binds both parties to the agreement that they made.

Scott R. Jay, Esq.

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Answered on 9/01/07, 10:46 am


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