Legal Question in Landlord & Tenant Law in Florida
i signed a lease but never moved in. i was taking a room in a two bedroom. after i notified the other leasees of my intent they found another person to sign the lease. thus, in a 2 bedroom apartment, 4 people listed on the lease. (1 person who has maintained residence. the person who moved out. myself. then my replacement.) i was notified today that i was being sued for rent, which has not been paid since june. what are my rights and options? thank you!
1 Answer from Attorneys
It depends on how the lease was written and if you were truly replaced by another person who is now paying. In most circumstances, the landlord is not entitled to an additional rent if someone else is already paying it. To give you an example: Tenant A leases an apartment, but decides he does not like it and does not move in. Tenant A owes rent to the landlord for the entire term of the lease. Now, two months later, Tenant B moves in. Since Tenant B is now paying, the landlord is only entitled to the amount he has lost as a result of Tenant A leaving, which is 2 months rent.
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