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Old 07-29-2013, 12:22 PM
 
1 posts, read 1,743 times
Reputation: 10

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My daughter signed a lease with her boyfriend, who she has a 2 week child with - she has recently found out that she isn't his only girlfriend and that he has been unfaithful and lying. She is due to move into their new apartment with him on August 1st, which she does not want to do. She is a signer on the lease with him and his father (as a co-signer). Can she get out of this lease? And how?

There has been domestic disputes in the past, and he continuously tells her he wants her out. She has a two week old baby, no income at this time and unable to work due to c-section.
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Old 07-29-2013, 12:34 PM
 
Location: Florida -
10,213 posts, read 14,834,115 times
Reputation: 21848
First things first! -- Given the situation, it sounds like the last thing she should do is move in with her child ... and unfaithful, lying boyfriend who wants her out, and with whom she has already been involved in domestic disputes! The fact that she is even considering such a thing, makes it sound like your daughter may be an 'enabler' who is prone to making the same mistakes and bad decisions, over and over.

Then (or even first) she should contact the Landlord, not the boyfriend, and advise him that she is not going to move-in and does not intend to participate in the lease or make payments. His response, will likely point to the next step she must take. My guess is that he will either go back to the boyfriend (and his father)... or simply cancel the lease. There is no point in starting-off a lease with tenants that are already having problems and unlikely to satisfy the lease arrangement. (Have they already made damage and utility deposits?).
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Old 07-29-2013, 12:39 PM
 
Location: Terra
2,826 posts, read 3,991,787 times
Reputation: 3374
Pay the lease termination penalty and be done with it, chalk it up to lesson learned.
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Old 07-29-2013, 01:25 PM
 
10,599 posts, read 17,896,657 times
Reputation: 17353
Here is the FL statute on landlord tenant. I used it to legally break my lease which had "the three methods to break a lease in Florida" available to me.

- Chapter 83 - 2012 Florida Statutes - The Florida Senate

There are legal ways to break a lease but I have no idea of the process or law if the lease did not go into effect yet. Start by reading the statute and then if necessary find a landlord tenant lawyer to ask because the landlord may not even know HIMSELF what the law is. (if speaking with the landlord doesn't work). I would personally call the landlord if I were you and make him not WANT them or just the guy there anyway. Nobody wants a tenant headache.

I'm guessing she'll only lose the deposit unless the GUY moves in and tries to hold her to making payments.
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Old 07-29-2013, 04:12 PM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,490,785 times
Reputation: 6794
What does the lease say? Robyn
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Old 07-29-2013, 07:46 PM
 
Location: Broward County FL
652 posts, read 1,653,229 times
Reputation: 576
Worse comes to worse take her in yourself and tell her not to move in. In theory he can sue her, but if she doesn't have any money they can't get any. The only problem may be in her getting another lease in the future but technically it's not an eviction.
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Old 07-29-2013, 07:57 PM
 
Location: Myrtle Beach
3,381 posts, read 9,123,759 times
Reputation: 2948
She could call the lease office and say she wants out. If they want payment she can tell them she has no money. They will then go after the boyfriend and the co-signer... boyfriend's dad. At that point the boyfriend and/or the co-signer can go after her in small claims court.

If they decide to go after her in small claims court I suggest calling a TV Judge show. Two advantages of the TV Judge show is that
A) you get to be on TV
B) typically the show will pay any judgement if she is found guilty.... which she would be.

Gotta admit - sounds like something you would see on one of these programs.
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Old 07-29-2013, 10:15 PM
 
Location: Fort Lauderdale, Florida
11,936 posts, read 13,107,880 times
Reputation: 27078
Quote:
Originally Posted by mpvipers97 View Post
My daughter signed a lease with her boyfriend, who she has a 2 week child with - she has recently found out that she isn't his only girlfriend and that he has been unfaithful and lying. She is due to move into their new apartment with him on August 1st, which she does not want to do. She is a signer on the lease with him and his father (as a co-signer). Can she get out of this lease? And how?

There has been domestic disputes in the past, and he continuously tells her he wants her out. She has a two week old baby, no income at this time and unable to work due to c-section.
What a trainwreck.

Do you really need to come to a message board to find out what to do here?

Go talk the the landlord and get your daughter to a shrink ASAP.
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Old 07-31-2013, 08:55 AM
 
Location: South Florida
5,023 posts, read 7,450,618 times
Reputation: 5471
Usually a lease isn't signed until move in day.
I'm guessing the only thing they signed as of yet would have been the applications and paperwork to "hold" the unit... if this is the case she should be able to get out easily.
She won't get any deposit money back but considering the case... who cares?
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