Legal Question in Landlord & Tenant Law in Florida

My friends son is on a lease with another boy. The lease is over but apparently the lease they signed rolled over to automatic month-to-month;which they are on now. Joey wants to move out but is being told that the roommate must sign a release first. I didn't think Florida required leases, and this seems highly manipulative. For whatever reason, it's questionable whether the roommate will release Joey. What rights does Joey have, especially considering the roommates mother is in charge of the electricity and it has been turned off several times for non-payment


Asked on 9/14/12, 1:12 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Since the lease is a roll over - your son is still considered part of the lease. Yes, have his roommate agree to release him. Have him sign whatever the landlord wants so that he can be released from the lease and move on. Otherwise he will be responsible for the rent if the other tennat gets evicted or whatever. I suggest you have Joey find someone who will sign the new lease with the other roommate. If not, then give 30 days notice to the landlord of the intention to move per the lease and if the other tenant does not do so, it will fall on the roommate to do something about it.

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Answered on 9/16/12, 9:52 am


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