QUESTION
House isn’t finished being built. Can I break my lease? (FL)
Asked on Aug 15th, 2023 on Landlord and Tenant Law - Florida
More details to this question:
My lease was supposed to begin today, August 15th, but the house I was supposed to move to is still under construction and my Landlord said it could take 10-14 days to complete (I believe it will take longer). She has offered for us to stay at another one of her rental properties but I declined. She is still requesting I pay rent for a house that, again, is not done being built. The fixed lease says that the start date is today, and that certain furniture will be provided. However, the early termination section of my lease simply states that I “do not have the right to terminate the agreement”, but if the house is uninhabitable by the move-in date, then would my landlords breach of contract free me from that clause? Also, would I need to try to get into the house to take photos of it still being constructed to prove its uninhabitable? I haven’t been provided a key yet.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
This all turns on the terms of the lease. You will have to hire a lawyer to review the lease to determine what rights and obligations exist. Many such leases have clauses that construction delays are not a breach by the LL.
Answered on Aug 18th, 2023 at 10:38 AM
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