Legal Question in Real Estate Law in Florida
Small Claims Action
A woman signed a lease with her boyfriend. After 6 months, they broke up and the woman moved out. At that time, the premises was clean with no damage. When the lease ended, the man moved out and incurred $1900 worth of damages to the unit. The landlord served both the woman and the man and kept the security deposit and will sue for the remainder from both of them in small claims court. My question: Is the woman liable for these damages and how can she protect her credit rating from this court action should she lose?
2 Answers from Attorneys
Re: Small Claims Action
Based upon the information you have provided and with the expectation of taking no further action on this item i reply as follows:
If the woman did not obtain a release from the landlord, she is responsible for the damages. She may have a cross claim against her ex-boyfriend. If the matter is relected in the credit report she has a right to dispute and/or explain the incident.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave
Liability for Damages from Lease rental
FACTS: Two people signed a lease. After 6 months,
one moved out. At that time, the premises were
clean with no damage. When the lease ended, the
other one moved out and left $1900 worth of damages
in the unit. The landlord served both and kept the
security deposit and sued for the remainder from both.
Question: Is the first to move liable for the
damages and how can they protect their credit?
A. The first to move is probably liable if they
did not notify the landlord and get released from
the original lease. The only way to minimize
damage to credit is to write a 200 word letter
explaining what happened and file it with the
credit reporting bureaus.
William W. Fernandez
William W. Fernandez, Attorney at Law
250 Panama Road East
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