Legal Question in Real Estate Law in Florida

I rented an apartment in Florida and the lease is in my name only. I gave my 37 year old son a key for helping me keep up with chores, etc. and he has taken over the apartment and is using a dead-bolt lock to keep everyone out. I told the landlord I would pay the penalty and get out of the lease to get my adult son out of the apartment. They said they can do the paperwork and receive my $2000 payment, but nothing is final until I turn in all keys so they can take possession of the apartment so that a new renter can be obtained. They cannot get my son out of the apartment because of the deadbolt lock. Plus I am liable for any criminal activity or problems that may arise because the lease is in my name. If I simply stop paying the rent, I will ruin my credit. The police said they cannot do anything. Do you have any legal advice for me?


Asked on 10/19/15, 8:50 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You need to bring a legal proceeding to have him removed. The Sheriff would then break the lock.

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Answered on 10/20/15, 4:43 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You will hurt your credit by simply not paying the lease. You should evict or eject him. If he has not right to be there, you could have the locks changed on your own and remove the contents in the apartment and give possession to your landlord. The problem is see is that "you gave" 'a key" to help with the chores? This needs further explanation to understand the basis for this tender. either way you need an attorney.

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Answered on 10/20/15, 6:10 am


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