In the last two years, the rental market has changed drastically. Landlords are renting their properties at historic rates. As a result, Tenants are subletting their apartments or allowing friends to stay with them to help with expenses. While at first it may be beneficial, it could hurt them in the end. A Tenant should explore their options before renting their unit to another individual. To learn about why subleasing in Florida is a bad idea, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Why shouldn’t you Sublet your Lease in Florida?
Tenants are facing a difficult market. As more people move to Florida, Landlords have taken advantage of the demand. Specifically, increasing the monthly rent. While at first a Tenant may be able to handle the payments, unforeseen circumstances may cause them to fall behind. As a result, they will allow another individual to reside with them to help with the rent. Instead of paying to the Landlord, they pay directly to the Tenant creating a separate contract. This is also known as subleasing. Most leases prohibit subleasing unless the Landlord consents to it.
As a result of not obtaining the Landlord’s written approval, Tenants may find themselves subject to Eviction. If a Landlord discovers that the apartment was subleased without their consent, they can send them a 7 Day Notice to Cure. In other words, they will have seven days to remove the Sub-Tenant. However, the process takes more than a month. This creates an issue for the Tenant because they face removal by their Landlord. If the Tenant decides to leave instead of removing the sub-tenant, they are still liable. In addition, the Landlord can file an Eviction against the Tenant and include the Sub-Tenant as “all others in possession.”
How does a Landlord remove a Sub-Tenant if the Tenant leaves?
Some Tenants decide to vacate without removing the Sub-Tenant. If this occurs, the Landlord has two options. They can file an Eviction against the Tenant even though they no longer live there. Accordingly, they are still liable for the Sub-Tenant since they allowed them to reside in the property. On the other hand, the Landlord can decide to only file an action against the Sub-Tenant. The quickest way to remove them is to file an Unlawful Detainer. Since the Landlord is not in a lease with the Sub-Tenant, he does not need to file an Eviction. The benefit is that he can remove the Tenant in a shorter time period.
If you have questions about why subleasing in Florida is a bad idea, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
