Legal Question in Landlord & Tenant Law in Florida

If in the occupancy section of my lease" it states "only those persons who's name appear on the lease may occupy townhouse without our written consent"

Does that statement allow a landlord to place an additional tenant in my townhouse to gain additional rental money?

If the HOA, has rules against subleasing can i fill out a legal document to withhold rent under fl chapter 83.51 or for violation of material provisions?


Asked on 7/04/12, 7:42 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Yes. Withholding rent has to do with non compliance of adequate living conditions - ie plumbling, water, electricity. If you signed a lease allowing for tenant rental without your permission, then you would be in violation if you refused the tenant occupancy. AS to HOA regulations - would depend on what the arrangements are with the owner and the HOA Board. I know of a of townhomes that are rented in the HOA communities and if they have the permission of the Board, I don't believe they would be in violation.

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Answered on 7/05/12, 5:50 am


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