Legal Question in Landlord & Tenant Law in Florida

My sister is planning on staying with me until she gets back on her feet. She just started working and we think it would be a (3months). Can my landlord evict me for this? There is nothing in my lease that states anything about it. My sister has nowhere to go and has not been paying me anything. Because that was one of the landlords issues that I was doing a sublet. I am just trying to help out family. now she is threating to evict me if I dont put her out?


Asked on 12/13/10, 12:45 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If your lease is silent as to the number of persons permitted to occupy, and the persons occupying is not limited by your rental application, and there are no local ordinances, or community rules that restrict the number of persons, (for instance, 5 persons in a 2 bedroom apartment), AND you are continuing to occupy and pay the rent, then this situation is NOT a sublet, she is a guest in your home. It is not relevant whether or not she pays you for staying there. Your landlord cannot evict you for this. It sounds as if your landlord is looking for ways to make you want to move. Be prepared that she may not extend your lease at the termination.

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Answered on 12/18/10, 5:23 am


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