Legal Question in Landlord & Tenant Law in Florida

My daughter is having problems with her roommates. They are all college students. They are renting a townhome and 3 seperate leases were signed. Parents had to co-sign the lease as well. One roommate left at the end of November due to health issues. The remaining two roommates posted ads, posters and let all their friends know that they were looking for a new roommate without success. Now the one who moved out is balking about paying the rent. Can my daughter be forced to pay the difference? If so can we then sue the former roommate? Also the other remaining roommate purchased a dog, which is prohibited by the lease. Someone told the property manager and now they could be forced into eviction. The roommate owning the dog is unconcerned. How can my daughter and I protect ourselves if the landlord evicts due to the dog?


Asked on 3/22/10, 3:15 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

You said they have three separate leases. If one roommate left, I assume from your facts that she broke her own lease when she moved out before the end of her term. If her parents co-signed, they are responsible as well. I would have to review the leases to see if there was cross-liability between all three leases. It is possible there is not. In that case, each roommate is only responsible for their share of the rent under their own lease. If the leases are not somehow linked together, the landlord can't hold the other roommates accountable under the defaulting roommates lease. Same issue with the dog. That roommate is violating the terms of her own lease between her and the landlord. Your daughter is not in violation.

Check the language in your lease!

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Answered on 3/27/10, 4:00 pm


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