Legal Question in Landlord & Tenant Law in Florida

I found myself in a bind about two years back in which I did not have a place to stay. A friend of mine let me stay at her place for a few days while I got back on my feet and in those few days she asked if I wanted to stay with her & her roommates in the apartment and pay an equal share of the rent. I agreed as it seemed to be a good idea. I started staying at her place towards the last week of the month, I might add. I was under the impression, however, that I would not have to pay any rent until I was added onto the lease, of which I had not yet been added. When the first week of the month rolled by (the following week) they demanded my portion of the rent. I, having not been paid until the following week, did not have the money. However, I did tell them that I would try to procure the money from a relative so that I could help out. This did not prove successful, so as a result, I moved in with another relative. I stayed at this apartment a total of two weeks and did not sign any lease or roommate agreement, or anything of that nature. They did threaten to take me to court a few months later, but as of yet I have not heard or received any notice that they have taken action against me. My address has changed, but my phone number remains the same and I have not received any calls deeming any legal action. A few weeks later, I attempted to retrieve the rest of my belongings and was notified by my friend that they had been trashed or donated. I tried going to the police about this matter, but they stated that since I had not signed a lease or anything to that effect, there was nothing that could be done on their end. My question is the following: do they have any legal grounds to sue me for my portion of the rent for the 2 weeks that I stayed there? As I did not sign a lease or any kind of roommate agreement, and as I only stayed for two weeks, not even the entirety of a month, I do not see that they have any legal grounds for a lawsuit. Of course, I can be wrong, since I am no law expert. This incident happened over two years ago, also, I might add, and they may very well have decided against taking action, but I would appreciate any insight just to be on the safe side. Thank you.


Asked on 4/19/13, 10:00 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

It appears you agreed to pay your portion and on that theory they could sue you. It sounds like the 2 years intervening means they wont be doing anything. They did not have a legal right to trash or dispose of your stuff if you had a leasehold interest so you could sue them in a counter claim for the property value if they sue you.

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Answered on 4/19/13, 2:31 pm


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