Legal Question in Real Estate Law in Florida

Myself and someone else is sub-leasing from someone who is renting from a private owner; this person we are sub-leasing from also resides in the residence.

It has come to my attention that the "Owner" has no knowleged of the extra tenants residing in the home. Also unbeknownst to myself along with the other sub-leasing tenent we have been paying ALL of the monthly rent. Is the leasing agreement legal and would this be considered fraud?


Asked on 7/30/12, 11:10 am

1 Answer from Attorneys
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

This would depend on if the person who is subleasing to you, has any clause in his lease that prevents him from subleasing. If he does, then he could not enforce his agreement against you. If there is no clause preventing him from subleasing, then if he has an agreement with you and another tenant, no matter if that agreement covers ALL of the rent, it could very well be enforceable. I would contact the owner and ask to see the lease and find out if there is any clause that would prevent him from sub-letting.

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Answered on 7/30/12, 4:34 pm


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