Here is the first part of the paragraph in the lease governing abandonment. ABANDONMENT. If at any time during the term of this Florida Lease Agreement Tenant
abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain
possession of the Premises in the manner provided by law, and without becoming liable to
Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's
discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part
thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent
payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference
between the rent that would have been payable under this Florida Lease Agreement during the
balance of the unexpired term, if this Florida Lease Agreement had continued in force, and the
net rent for such period realized by Landlord by means of such reletting.
But what does abandonment mean under the statute? The answer is found in Chapter 83, Florida Statutes. (Google chapter 83, fla stat)
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.
The problem here is, this Lease provision doesn't define what "abandonment' IS - but the STATUTE does. Hope this helps. gsg
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and rewarding career. Good luck!
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline