Legal Question in Landlord & Tenant Law in Florida

I have been living with my grandmother at a home of which we have a month to month lease with our landlord (My name as well as hers is on the lease). My grandmother recently told me that she is having my uncle and his girlfriend move in at the end of December and he is a known crack addict who calls drug dealers to the home when he used to live with her at our previous home. I have two children that live in the home with us, as well as my elderly disabled grandfather and my younger adult brother. There are no empty rooms in the home for them to even move into. I feel extremely worried about the safety of myself and my children as well as our belongings. I explained this to her and she doesn't care and is moving him in against my wishes and will have the landlord take me off the lease. I explained to her that I am on the lease and I have the right to refuse him from moving in. My question is, do I have the legal right to not have him move in and does she have a legal right to go against my consent and take my off the lease?


Asked on 12/23/09, 12:10 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

1. You have a legal right to refuse he move in.

2. Your grandmother does not have a legal right to go against your wishes as the co-tenant.

3. Your grandmother cannot take your name off the lease.

If you want to get really nasty, tell your grandmother that if she allows your uncle to move in, she will be in breach of the lease and the requirements of FL law which allow you as a tenant to have quiet enjoyment of the property and to enjoy safety in the space you rent. Because her action of allowing your uncle to move in would be in direct breach of the convenants of your lease and FL law, you will file an eviction action against her.

Another thing to consider (less nasty): see if the lease prohibits more than a certain number of people from occupying the unit. If having another person(s) move in would violate the lease, tell your grandmother that, and threaten to report her to the landlord for breaching the lease.

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Answered on 12/31/09, 6:59 am


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