Legal Question in Real Estate Law in Florida

My husband and I are renting a house from my father in law with a lease that had expired 11/2009, never did we resign or agree to a month to month at that point. My husband has decided that he is no longer happy with our marriage and is threatening divorce, this has made our current living situation unlivable. I have paid off all credit cards in my name from the marriage and have secured an apartment with a June 15th move in date. The cost of deposits and rent in addition to paying off the credit card has made it impossible to pay my half of May's rent. I had taken a loan off my 401k. My father in law is threatning to sue me for the rent due, when it's his son leaving me no alternative but to leave. Can he hold me liable without a valid lease?


Asked on 5/13/10, 3:32 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

First of all, sorry to hear about your situation.

When the term of a lease runs out, it automatically reverts to a month to month lease. In short, yes, he could sue you for your portion of the rent provided it was both you and your husband's name on the original lease agreement. Hopefully you did give him the 30day notice in writing advising you were moving out. If he only sues you, you can enjoin your husband if he has not paid his portion of the rent as well.

Read more
Answered on 5/19/10, 7:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida