Legal Question in Civil Litigation in Florida

My son lived with his ex-girlfriend for 2 years. Both their names were on the apartment lease, but the girlfriend knew my son could not afford 1/2 the rent some months, so she just took cash whenever he had it. Last year they moved into an apartment that she wanted and cost more for rent even though my son said he was happy in the old apartment. Again, both names on lease. He gave her cash for rent whenever he had it, bought groceries, bought her nice gifts on birthday and anniversary. They broke up last December, and now she is suing him for 1/2 of all the rent plus utilities she paid willingly while they were together plus lawyer and court fees. Is he liable for this since his name was on the lease? It is for $10,000, so it is beyond small claims.


Asked on 10/06/10, 8:31 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your son needs an attorney. He may be able to argue that he had "oral contract" for his girlfriend to take care of him financially, and pay his expenses, but she has a better case for "unjust enrichment" because he received the benefit of living in a nicer apartment without paying his share. He signed the lease, knowing the cost and knowing his liability under the lease. This fact weighs in the girl friends favor.

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Answered on 10/12/10, 5:14 am


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