I have spoken previous on the early termination clause found in residential leases clause here in Florida but can a lease me canceled before the Tenant moves in? First, if you’re an agent reading this, you need a new Broker. If you’re a customer reading this, you need a new Agent. Call me, Chris, at 561.626.8550.
So, can one part or the other cancel a lease before it even starts? Maybe.
I’m not a lawyer. If you’re reading this then you should probably speak to one before doing anything. The FULLY EXECUTED Lease is a contract between 2 parties. Both parties have an obligation to proceed in good faith. The “standard” Far Bar Lease for a unit in multi family houseing like a condo or a cooperative is contingent upon the Tenant being approved by the association. And that paragraph states…
XX. APPROVAL CONTINGENCY. If applicable, the Lease is conditioned upon approval of Tenant by the association that governs the Premises. Any application fee required by an association shall be paid by Landlord Tenant. If such approval is not obtained prior to commencement of Lease Term, either party may terminate the Lease by written notice to the other given at any time prior to approval by the association, and if the Lease is terminated, Tenant shall receive return of deposits specified in Article V, if made. If the Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due diligence in applying for association approval and to comply with the requirements for obtaining approval. Landlord Tenant shall pay the security deposit required by the association, if applicable.
Thus, IMHO, if the association has not approved the Tenant, prior to the commencement of the Lease Term, then EITHER party may cancel the Lease. And, note that the Tenant is agreeing to use due dilligence in obtaining that approval.
