Hi all, I am trying to find out how to legally break a lease? i am looking to purchase a home and the management Company is refusing any type of agreement (7 months left). Is there any loop holes i can use to fight this?
Under the circumstances you describe you have no "legal" grounds to break the lease without consequences which include, but might not be limited to, losing your deposit, getting sued, losing the lawsuit, trashing your credit, getting your wages and your bank account garnished.
i did look at my area and have seen a bunch of crime in the recent months.
That doesn't do it.
The landlord is not a guarantor of your security.
i do not mind losing my deposit or even 2 months of rent if nessesary
Did you offer two months rent? Are you willing to pay three months rent? Four?
Is it worth going to court over?
There is a possibility that you could limit your exposure to monetary damages if you just pack up and move when your house closes escrow and is ready for occupancy.
If there is an early termination fee provided for in your lease, the landlord is limited to two months rent.
If there is no such provision the landlord could be limited to charging you only from the day you leave until the day he rerents.
See Florida statute section 83.595:
Unfortunately, while mitigation could limit your cost to a month or less, there is a risk that the landlord could
"(3) Stand by and do nothing, holding the lessee liable for the rent as it comes due"
That means he could conceivably leave the place vacant until the lease expires and come after you for all the months left on the lease.
While that could happen, the chances are remote that any property owner will risk leaving his property vacant for many months while no money is coming in. I owned rentals for 20 years and would never have even considered it no matter how ticked off at a tenant I was.