Legal Question in Landlord & Tenant Law in Florida

I am currently living in a 2/2 apartment with a roommate where only my roommate and I lived. Then my roommate decided not to tell me that one of her friends were going to live there. So for the past two months someone that I don�t know has been living in the apartment that only my roommate and I are suppose to share and now my roommate is splitting the bill unfairly telling me that I should pay �MY� half of the bills even though her friend is living there. I looked at my contract and it stated that anyone living in an apartment for 30 days, without consent can be punishable by eviction. I stated my worries to the apartment complex in writing and the only thing they did is screen her friend and to make matters worse the manager of the apartment complex told me that my roommate said the stay was only going to be �temporary� and that �their hands are tied�. i have been working really hard to find another person to replace my lease, but I cant help but think: If there is a person living in my apartment without being in the contract and both my roommate and the complex know that it has been over 30 days cant I call it a breach of contract and leave without looking for a replacement?


Asked on 3/03/10, 7:06 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The complex can kick her out under the clause, but if they don't want to enforce it, you are probably out of luck.

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Answered on 3/12/10, 9:38 pm


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