Legal Question in Landlord & Tenant Law in Florida
Rental/ Sublease question
I signed a year lease for a rental
community with another roomate.
About half way through, I subleased
my room to a girl for $500 per
month. She was to pay the existing
roomate the rent every month, she
gave me a check for $1000 for first
and last. I deposited the check into
my account, then issued a check to
the existing roomate for $1000
citing ''new tenants 1st and last.''
The new tenant moved out early and
now wants $500 (last months rent)
from me. She says it is illegal to
sublet in the state of Florida and will
serve me papers if I dont pay her
$500!
2 Answers from Attorneys
Re: Rental/ Sublease question
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
There is no law in Florida that prohibits subleasing of an apartment. Your subtenant will most likely lose if that is her claim. You have a duty to mitigate damages, if reasonably possible.
Scott R. Jay, Esq.
Re: Rental/ Sublease question
If that was the agreement, she is stuck.
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