Florida Occupancy Laws
4 attorney answers
Sorry but there are no backsies because you decided to have more children then allowed in your lease. You chose the size of your apartment and must pay the damages or finish to the end.
PLEASE DO NOT CALL/EMAIL FOR FURTHER FREE ADVICE ABOUT YOUR AVVO QUESTION. WE WILL REFER YOU TO LEGAL AID IF YOU CANNOT AFFORD A LAWYER. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
Unless your lease has a early termination clase (pay 2 mohts rent & you're out) there are two things to note. If the landlord wants to charge you for the entire term of the lease, he must leave the apartment vacant to the end of the lease and cannot sue for rent until the end of the term of the lease. If he rents the unit as soon as he can, then he can only chage you for the amount of time the rental stayed empty.
It depends to a great extent on the Terms of your lease (for example, some allow for early termination in exchange for "liquidated damages"); but generally, the answer is - yes they can. They don't even actually have to try and rent it (unless the lease require them to mitigate the damages0 and they could just let it remain empty the entire time - and sue you for damages and each and every unpaid month.
And no, sorry to say, there is no "desperate situation" rule, or at least, that I am aware of; the fact is, just about EVERY breached Lease or contract is (at least for one party) the result of some sort of a "desperate situation." The iaw KNOWS there are situations when one just CAN'T perform an obligation they promised to do; so we LET THEM OUT of their obligation; but the idea is COMPENSATE the other party (w/o such a situation) for the loss of the value of the contract to THEM - for your what is - more or less (i.e. symapthetic or not) YOUR inability to (choice not to) perform, that's all. So yeah, they can (if the lease so provides)
Alas.... the "balance" - you owe someone some money - buy now have another ray of sunshine. I say negotiate the best deal you can with the LL (pay in ful if you have to); and move on -and count your blessing!
Consult with a good local tenants lawyer for a more thorough analysis.
Hope this helps,
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
"due to the desperate situation"......there is no "desperate" situation other than those of your own doing. As such there is no provision that you get out of contracts or lease agreements because you make more children than your apartment can lawfully hold. While its your right to crank out as many kids as you like it is equally your responsibility not only to provide for and care for those children but to account for those decisions as they impact others. Its called parental planning. That stated, the LL owes you no courtesy or obligation because you opt to have more children when you are at maximum occupancy in a leased unit. While you may have needed to move due to occupancy limits, you still owe the LL the value of the lease due to the unfortunate timing or simply lack of proper planning. I point this out as you need to accurately be aware of the means in which this situation arose in order to avoid simply replicating the result in the future.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.