Legal Question in Landlord & Tenant Law in Florida

I signed a lease with my 18 yo daughter and after the first year, she signed the lease, but I did not. Now, the apt complex is citing her for property damage. (please don't judge me! My other daughter is neat as a pin!) I was relieved that I did not sign the second lease, but they have informed me that I am still guarantor, because when she signed the lease, I automatically remained as guarantor. I do not feel I should be responsible for her actions. They said they could evict her and I would still be responsible for the remainder of her lease, and the damages. I also have no right to enter her apt. They won't give me a key or a copy of the lease, so there is no way to keep an eye on things. This seems very unfair. Is there anything I can do? Thank you for helping me with this issue.

Kim Gelabert


Asked on 11/02/10, 4:14 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

In order to collect from you, the landlord must have enforceable lease, meaning one signed by you, or some other signed surety agreement. The fact that they won't give you a copy is an indicator that they are not in a good position. If they attempt to sue you, or your daughter, hire an attorney to review all of your documents. In the meanwhile, tell your daughter to clean up her act, or she will lose her apartment, for breach of the lease.

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Answered on 11/08/10, 4:49 am


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