Legal Question in Landlord & Tenant Law in Florida

Hello there..

I rented a 2 bedroom apartment with another person. He is on the lease as well, but I am the head of the household as of the lease.

Now, since months and months, he is always late on paying his part, I have to literally babysit him to somehow manage to have it before we get evicted. It is a very big building, and they truly do not care for the reasons, a few days after the first they will add a late fee, and another few days later file for eviction with a lawyer. I asked him to move out, but he just wouldn't leave, he would lie to the office AND me every month about his rent payment.

I could not stay living with a person risking all my deposit paid (all paid by me at this point, longer story) and being evicted, hence possibly even owing more!!

So I moved out and subleased my room. That person is NOT on the lease, since adding him would require us to prove our income is enough which we can't right now.

My questions:

What can I do about the person not paying?? Is it really like that: if he doesn't pay, I am going down with him?

Second of all, I am out of country and he didn't pay again, holding the check that I had pre-written for this month. By now we are filed for eviction already, and he is still saying everyday he will pay for everything, and doesn't want to give back my check! What can I do to get it back, is it legal for him to hold it?

And third: he is threatening with me subletting, saying it is not illegal for him to not pay the rent, but illegal for me to sublet!

Thank you for your help

Asked on 6/16/13, 4:45 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your lease agreement is going to control the circumstances. The actual lease needs to be reviewed by an attorney. If no payment is made, you and your subletter and your roommate will be evicted. Stop payment on your check if you don't owe the money. If you do owe the money be careful about doing that. It is not illegal to sublet it may be a breach of the lease which subjects you to eviction. His not paying may subject him to eviction also. The lease agreement controls.

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Answered on 6/16/13, 6:47 pm

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