Legal Question in Landlord & Tenant Law in Florida

I moved in to an apartment in Florida four months ago and I signed a month to month lease with the person who rents the apartment from the property management company. I found out yesterday from the property manager that they do not allow subleasing and on Monday there will be a notice saying they have 7 days to fix the problem and have me move out. This person misrepresented himself as a landlord and has a security deposit I gave him. I obtained a Florida drivers license with this address on it and as I said earlier have been here for four months. Will I be able to sue the fake landlord for anything? Is he guilty of fraud or any crime? Do I have any tenant rights for living here so long and this being my legal address?


Asked on 2/23/13, 1:54 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If he has a possessory right, he is not guilty of any crime. He clearly is in breach of his own lease agreement and subject to a lawsuit by the property management company and by you. You can definitely collect back your security deposit. His entering into the lease without real authority to do so may be considered fraud, but it does not give you better rights against him. You have no rights to the address or the fact that you have been there for 4months. Unless you have a copy of his underlying lease, all the information provided to you is basically unenforceable. The problem is between the property management company and your "landlord" and i would let that play out. In the meantime, your month to month lease will terminate as of the end of the current 30 day cycle so i would begin to prepare looking for another place. As a month to month tenant you always had the potential for having your lease terminate on 15 days notice of such other time frame as provided by your lease.

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Answered on 2/23/13, 2:18 pm


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