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Can i break a rental lease due to loss of employment due to medical reasons?
Anonymous2 views3 answers
I am about to be terminated from my job after 8 yrs employed there due to shoulder surgery. I am currently out on FMLA following surgery. Currently it appears I will not be released to return to work prior to my FMLA running out. I have received a certified letter from my employer stating termination on the day my FMLA runs out. At that time I will have no means of paying my rent and will be forced to move in with a family member. Do these circumstances give me the right to vacate my lease with 30 day notice here in the state of Florida?
In a word: no. Additional words: what does the lease say? Ordinarily, there is no legal right to breach a rental agreement based upon medical conditions or unemployment. When you consider that the lease is prepared by the landlord, it is unlikely that you will find such a provision. The same would apply to any mortgage, car loan, or other financial obligation.
No. If you break the lease, you will be responsible for damages. This could include all the rent remaining under the lease (after the landlord does what he can to mitigate by getting a new tenant), attorney fees, costs, etc. You should try to negotiate with the landlord and make sure any agreement is in writing.
No, there is no statutory right to end a lease agreement due to changed circumstances in Florida or in any jurisdiction that I am aware of.
You should read your written lease to see if it speaks of ending the lease early. If there is an early termination / liquidated damages clause and you chose to accept it, then that would apply.
If there is no et/ld clause or if you chose not to accept it, then the LL has the choice of (1)not charging any further rent once you turn over keys (2) holding you responsible for rent due until the end of the lease and not try to re-rent or (3) taking possession and trying to re-rent and holding you responsible for what LL loses (difference between what you should have paid and what LL collects from new tenant)
Check with local government agencies to see if they have any state or federal programs to help you out. Talk with the landlord to let LL know what is going on. Good luck.
