Legal Question in Landlord & Tenant Law in Florida
Sublet apartment
I was stupid and let a girl sublet my apt with out doing all the paperwork with the landlord. She agreed to pay for the 3 months during the summer that she was going to live there, up front, then she said she couldn't do it but she would pay for 1 & 1/2 months. I gave her a recipt that i signed for 1 & 1/2 months rent. she never paid me again. She kept making up excuses. About 5 days into the 3rd month, i was at the apt. and I told her that she needed to get the money to me or move out. Then she told me she was going to get the money from her parents and be back in an hour or so with my money. About 5 hours later she wasn't back to the apartment. I called her and she said she didn't have the money and didn't know what to do. At this point i decided she couldn't live there anymore for free, she had no way to pay me and i had allready payed the rest of the rent that she was supposed to pay. i put her stuff outside and then called her to tell her to get her stuff. I didn't take any of her things, I just put them outside. Now she is calling me and telling me that she wants to take me to court for stuff that she thinks I took from her. We never signed any papers about her living there. Does she have a good case?
1 Answer from Attorneys
Re: Sublet apartment
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You may have some serious issues with your actions. In effect, by placing her belongings outside, you wrongfully evicted her without following the required procedures. You truly need to speak with a qualified real estate attorney to see how you can minimize the effect of your actions otherwise, you may end up being sued and lose with substantial penalties.
Scott R. Jay, Esq.
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