Some Tenants lease their unit or apartment to another individual known as a Subtenant. While it can be beneficial to them, it can also be risky. In other words, they can face eviction. If you have questions about how to evict your Tenant that illegally subleased their unit, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Can a Tenant be Evicted for leasing to a Subtenant in Florida?
In most leases, a Tenant cannot sublease the property without the Landlord’s written consent. This means that even if the Landlord has knowledge of the sublease, they can still evict at any time. While the Tenant may believe that their Landlord did not object, it still has to be in writing. Text messages to the Subtenant from the Tenant claiming that the lease was approved does not constitute acceptance.
If the Landlord decides to proceed with Eviction, they must give the Tenant a Seven Day Notice. If they believe that subletting without their consent is a curable violation, a Tenant will have seven days to remove the Sub-tenant. In reality, it is impossible to do so within that time because the process takes much longer. However, some Landlords do not take action after the seven days if they believe that the Tenant has taken steps to remove the Sub-Tenant.
On the other hand, if they believe that failure to obtain consent is not curable, the notice will give the Tenant seven days to vacate. Accordingly, if they fail to leave the premises, the Landlord will file an Eviction against them.
Can the Landlord Evict a Sub-Tenant?
Many Landlords believe that the proper way to remove a Sub-Tenant is to evict them. This is not accurate. Since they are not in a lease with the Sub-Tenant, they must file an Unlawful Detainer to remove them from the property. This is filed when the owner removes an individual that does not pay rent, does not have a lease, and is living there without their consent. While a Sub-Tenant pays rent, it is not to the Owner. Some Landlords make the mistake of filing an Eviction against the Sub-Tenant. This can lead to their case getting dismissed and having to refile.
If a Landlord files an Eviction against the Tenant and is successful, the Sub-Tenant will also be removed. This will ultimately be the best way to remove the Tenant and the Sub-Tenant. Therefore, if you have questions about how to evict your Tenant that illegally subleased their unit, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. Make sure you speak with our office before filing.
