Legal Question in Landlord & Tenant Law in Florida
name of state...Florida
I leased a 2 bedroom apartment for my daughter with another girl for 1 year. Unfortunately my daughter could not get through one of her courses and was forced to withdraw from the program. I spoke to the owner/landlord and she said I could sublet it with a few conditions. One of the conditions was that the other girl meet and approve of who ever I choose. The problem is she is controlled by her mother who prefers a graduate student not just a regular university student. When I found an undergraduate student her mother spoke to her for a minute and said her daughter is unavailable. I have 9 months left on the lease:
Here are my questions:
1)On the lease it states that "Tenant agrees to not assign this lease and to not sublet the premises without landlords written consent,SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD.
The landlord seems reasonable but the mother indicated her daughter wasn't available to even speak to a prospective new roommate. I indicated that I would perform a criminal check/ credit check and that I would continue paying the payment collecting from the prospective new roommate. If they continue to always be unavailable or not like anyone reasonable I find it that something worth pursuing legally? Can they be obstinate and just say no...?Is there something I should convey to the landlord that might make her reconsider?
2)On the Escape Clause it states "If TENANT is not in default of the other provisions of this contract, Tenant may cancel the lease after paying for 7 months occupancy by:giving 45 days written notice and giving Landlord 2 months rent for early termination.....
My question is myself and the girls mother are listed as the TENANT and if she continues to be obstinate I will take this route if I can't find anyone good enough for the mother. Can I do this (without the mother agreeing?)or must she agree also which she would never do.(as we are both listed as THE TENNANT
Would it be worth pursuing legally considering these facts and if it is what would be the customary charge from a decent attorney locally to specifically read and advise me as to what my options are. I am on a tight budget ( especially after having to pay my daughters tuition off)
Anyone who could enlighten me as to what my choices are would be greatly appreciated.I am trying to do the right thing unfortunately my mistake of entering into a contract with someone I didn't know has created this nightmare. Thank you for taking the time to read this.... distressed father in Florida
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If you only answer one free question my question would be about the Escape Clause ..paying the 2 months penalty after paying 7 months..Since the mother is listed under me as Tenant must it be mutual??????????????
1 Answer from Attorneys
Both tenants are fully responsible for the rent to the Landlord. You must be able to document in writing that you are moving out and have made reasonable efforts to obtain a sublet who should be satisfactory to your LL and co tenant. If your LL and co tenant fail to respond or unreasonably refuse the new tenant,I think a judge would be sympathetic to you should it go that route.
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