We signed a sublet lease in Florida but we haven't taken possesion of the property yet. Can we get out of the sublet lease?

Asked almost 3 years ago - Tallahassee, FL

We signed a sublet a month ago and paid the deposit. Our lease is scheduled to begin on October 1. I notified the property manager in writing, email and via phone that we're unable to take possession of the property because our plans fell through and our jobs are not relocating us. They stated that since we signed the lease paperwork to sublet that we'd be responsible to pay the $150.00 fee to advertise to sublet and rent incured until there is another lease signed.

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    Answered . When you signed the sublease, you agreed to pay the rent for the term of the lease, and the landlord made the property available for your exclusive use during the term of the lease. Unless the lease provides otherwise, you are bound by your promise. You should read the sublease carefully to determine what the penalties are for backing out of your obligation.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    Answered . Sorry, but if you entered into a binding contract that did not contain a provision for termination of the lease due to employment--extremely unlikely that the landlord would prepare a lease with that type of provision--then the landlord has no obligation whatsoever to allow you to do so.

    It may pain you to do so, but paying the landlord the $150 and hoping they sublet is your legal option. In the alternative, perhaps you can assist the landlord by doing your own advertising as well so that you can present a suitable sub-tenant to the landlord.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of... more
  3. Andrew F. Garofalo

    Contributor Level 9

    Answered . I agree with the prior answers. If you signed the lease, you are responsible to pay. You may want to ask for a copy of the lease to check whether the landlord actually signed it. If the landlord has not signed it, you could argue that the lease was never formally accepted by the landlord and no lease actually exists. Otherwise, you are responsible for the entire lease term rent. Also, check your lease for early termination options. Most new leases with large corporate landlords contain an early termination option which allows you to pay up to 60 days' rent to get out of the lease early. You should hire a lawyer to look everything over for you and give you advice as necessary. Good luck!

    Note that the foregoing is for general informational purposes only and does not constitute legal advice, which... more

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