Many Landlords in Broward County will sign a lease with two Tenants. The lease will include both Tenants as opposed to having separate leases. Both Tenants are responsible to pay the full amount of the rent even if one of the Tenants is unable to pay. While this causes tension between the Tenants, the Tenant that pays the full amount of the rent cannot evict the non-paying Tenant. However, the Tenant that does pay can sue the non-paying tenant after the lease expires for the unpaid amount.
Can a Tenant Evict another Tenant in Broward County, Florida?
There are circumstances that allow a Tenant to evict another Tenant. In many leases, the Landlord does not restrict a Tenant’s right to sublet the apartment. When a Tenant subleases their apartment to another Tenant, they become the Landlord to the Subtenant. If the Subtenant does not pay rent or violates the lease, the Tenant can bring an Eviction against the Subtenant. Florida Statute 83 will still apply to a Subtenant being evicted by a Tenant.
A Tenant can also file an Unlawful Detainer. Many times, a Tenant allows a friend or family member to stay in the apartment they are renting. In most cases, the friend or family member is not paying any rent to the Tenant. They are strictly a guest. If the Landlord does not allow unapproved guests to reside in the apartment, the Tenant will need to remove that friend or family member. The Landlord will likely give the Tenant a 7 Day Notice to Cure. This notice states that the Tenant has 7 days to cure the violation of allowing an unapproved guest to stay in the apartment. At this point, the Tenant must file an Unlawful Detainer against the unapproved guest. If the Tenant fails to remove the unapproved guest, the Tenant can be evicted. The Unlawful Detainer Process does not change although it is filed by the Tenant.
The Law Office of Brian P. Kowal, PA always stresses to Landlords and Tenants the importance of complying with the terms of the lease. As Tenants have far fewer rights than Landlords in Florida, they should always check their lease to determine if they have the right to sublet their apartment to another Tenant. If you are a Tenant in Broward County and are unsure if you have the right to bring an Eviction Action against the other Tenant in your apartment, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552. A Tenant should not be forced to live in uncomfortable circumstances but must always follow the terms of the lease.