Why Subleasing in Florida is a bad idea

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.