Rent and moving ?

If I pay all my rent for the remaining 8 months I have left on my rental term- can I move ?

As I want to move to another state but my contact doesn’t end until 8 months now.

If I send my landlord all the rent for the remaining time can I just leave ?

I’m going to tell my landlord but there is nothing she can do ? Legally since the rent is all paid up ?

Right ? 

12 Answers

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  • Maxi
    Lv 7
    2 months ago

    True............. however why not ask the landlord what it will cost to terminate your contract early as it is likely to cost far less than 8 months rent

    • DEBS
      Lv 7
      2 months agoReport

      Ask what?  It either says it in the lease or you go by state law.

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  • 2 months ago

    You can move out any time you want. You don't actually owe the rent until the "first of each month". After you give notice that you're leaving, the landlord has an "affirmative duty" to take reasonable action to find a replacement tenant (i.e., "mitigate damages") in case you stop paying because you "don't live there any more".

    Offer to enter into negotiations with the landlord so that (a) they don't have to sue you every month (not knowing that you're going to pay anyway) and (b) so you can save about 6 months worth of rent and still leave on "good terms" with the landlord.

    For those earlier posts about "Florida" landlords being magically exempt:

    As recently as 2009, the Florida Supreme Court ruled on this, referring to

    "The doctrine of avoidable consequences …[which]  commonly applies in contract and tort actions."

    See Sys. Components Corp. v. Fla. Dep’t of Transp., 14 So.3d 967, 982 (Fla. 2009)

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  • Judy
    Lv 7
    2 months ago

    Sure you can. Why would she want to do anything? She doesn't care if the unit is empty as long as the rent is paid.

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  • 2 months ago

    Before, you do that, see if you can make a deal with the landlord. If you move, the landlord will probably be able to rent it to someone else much sooner than 8 months from now. If you offer to pay 4 months rent (for example) and move now, and the landlord knows that it will be possible to rent it to someone else for 6 of the remaining 8 months, and get a total of 10 months (4 from you and 8 from someone else) that way, the landlord might take the deal to get an extra two months rent -- and you'll save four months rent.

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  • 2 months ago

    If you give proper notice to vacate in accordance with your lease & state law, pay the last 8 mo rent and leave the unit in same or better condition from when you moved in then she has no grounds to take legal action.  Do not pay it all at once though.  She can only charge you rent until a new tenant moves in so it is best to keep paying a month at a time in case she does find someone.  Also check your lease because there is often a lease break fee instead of paying all the rent. 

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  • 2 months ago

    Yes, pay all the rent and you can leave.  If you are just giving her the place anyhow (so she could rent it to someone else) you may want to instead of this ask her if you could pay a few months rent and she'll let you out of the contract.  Maybe if you paid 4 months rent (maybe less) instead of the full 8 she'd be willing to let you out of the contract since she can then rerent the place to someone else and probably in less than 4 months.

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  • nanu
    Lv 6
    2 months ago

    You can leave any time when all your rent is paid for the terms of you lease.

    • Nuff Sed
      Lv 7
      2 months agoReport

      You can actually leave any time you want. You are only LEGALLY obligated to pay whatever rent the court orders, if the landlord sues you for some reason.

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  • DEBS
    Lv 7
    2 months ago

    When you signed your rental agreement you didn't turn yourself into an indentured servant. You can leave whenever you want. The right way to do it is to read your contract and see what it says about breaking the lease. Sometime there is something in there about just paying a couple months rent as a penalty. Sometimes there is nothing.

    If there is nothing in there, then you follow your state laws. Typically, that means you give proper notice, clean the place, and turn in your keys by the end of the notice period. You will be on the hook, however, for rent up until your landlord rents it again. Most states require him to be actively looking. If he finds someone to move in the next day, then you owe him nothing else. If it takes 8 months, then you owe him 8 months. Landlords legally are not allowed to collect rent on more than one lease for the same time period for the same unit.

    It would be extremely unwise to just pay 8 months up front.

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    • Nuff Sed
      Lv 7
      2 months agoReport

      Nearly every state in the USA has a "Doctrine of avoidable consequences" (or "mitigation of damages") that requires a plaintiff landlord to show "ordinary and reasonable care" to stop damages from continuing to accrue after notice of breach of the contract.

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  • 2 months ago

    Only if your landlord agrees.

  • 2 months ago

    You can do this if you want... but you are going to be wasting a lot of money.

    In the USA, It's legal to break your lease, as long as you do it the right way.

    - tell your landlord when you are leaving

    - the landlord is required to attempt to find a new tenant.  They should keep the  same terms as with accepting you - don't increase credit score requirements, income required, etc.

    - you continue paying rent until a new tenant is found and begins paying rent.

    The landlord cannot charge you and someone else

    The landlord must look for a new tenant, if they don't you aren't on the hook for the rent.

    If the landlord "pretends" to look for a new tenant but makes the requirements so hard that no one is accepted, you may have a case for not paying rent.

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    • DEBS
      Lv 7
      2 months agoReport

      That's interesting.  This isn't the first FL landlord on here with that perception.  If that is a common perception, it may be that tenants just don't know enough to fight it.

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