Legal Question in Landlord & Tenant Law in Florida
joint apartment leasing
My daughter is leasing an apartment jointly with two roommates, and now wishes to sublease, as she is graduating college and moving. The roommates are refusing to accept the potential applicants that my daughter finds to sub lease and they must sign off with their approval, before she can lease the room. Please share with me our options. Thank you.
2 Answers from Attorneys
Re: joint apartment leasing
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Is there any written agreement between your daughter and her roommates? If so, the terms of the agreement would control. If not, the roommates may not have the option to agree or disagree on a potential sublease as it is not covered in Florida law. Your daughter should meet with an attorney to review any written agreements between the current roommates as well as the lease agreement. The attorney can then advise your daughter regarding her legal rights and obligations.
Scott R. Jay, Esq.
Re: joint apartment leasing
DISCLAIMER: This communication is not intended as and should not be interpreted as legal or professional advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Look to the lease, which is a contract. What do the provisions regarding subleasing and assignment say? Depending on how much the rent is and how long is left on the lease, I would have a qualified attorney review the lease during an initial consultation. The roommates may be unreasonably withholding consent. Please do not hesitate to contact me if you have any questions or concerns.
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