Question
Getting out of a sublease -- being threatened as well.?
I rented a room from a mother and son who leased an apartment in a large south fla complex. While I was not on the original lease, they had me sign a sublease before moving in. When I found out that they were over charging me in order to profit, amongst other shady things, I moved out without their knowledge or notifying them in advance, out of fear of retaliation because I knew that they were tight on money. I wanted to avoid conflict and just get out of the situation. Since then, the womans son has called me and said "im going to go see your pops and then you" which while it wasn't a direct threat, we both know exactly what he means judging by the tone of voice, etc. He also left me a text message saying that his mother had a panic attack because they don't know how they are going to pay the rent and that if something happened to her "on my fathers grave, im coming for you" He also left messages saying he was taking me to civil court because I signed the sublease and it was notarized. However, I (anonymously) called the landlord today, and she specifically said that no sub leasing is allowed what so ever, and asked me who was doing it. When I told her, she repeated that no subleasing is around and that the company has a policy to backround check and pre screen all residents, and that under no circumstances do they allow subleasing. She said she was going to go talk to them. I want to know if I am clear from having to worry about being taken to civil court. I also want to know what to do about the threats. He has not made a direct threat besides the second one that I discussed. I have heard that Fla has strange housing laws. I'm not sure whether or not his lease specifys subleasing because I have not seen a copy of it. However the landlord was VERY adamant that it is not allowed, though I also know they are not always correct when it comes to legal issues. Any help would be appreciated. thanks.
4 months ago - 4 answers
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I would imagine that if they signed a lease knowing (or not knowing or reading) the part that outlines subletting and that it is forbidden, then that would nullify any contract you have with them, as they would not be coming to court with *clean hands*. How can they expect the court/law to compensate them for an illegal act? Answer is, they can't and won't. I highly doubt they would prevail in this case. Especially if you presented proof that they had no right to sublet.
by 1939
4 months ago
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by Amanda- 4 months ago
Check your state law to see if resident sublease is allowed. Most states don't recognize residential subleases unless the original or modified lease states in writing that subleasing is allowed. So therefore the sublease is unenforceable against you if not allowed. If this is not the case then now is the time to check with a lawyer.
by BigThinker- 4 months ago
I'm in Florida and of all the apartments I've lived in (several over time, actually people normally stay 1-2 years then move) ALL of the lease agreements say that subleasing is not allowed. I've been able though to bring in a person after the lease was signed, they were not on the original lease and management told me that I could have a lease between the two of us. I think therefore subletting must mean that you rent the apartment and then totally move out and lease it to someone else and you never live there. If the landlord where you lived says subleasing is not allowed and it was his contract then he is correct and that did not occur between you and the other tenants. I suspect that the renter was short rent when you left and that's why they are angry. I'm not so sure thought that they can enforce their lease with you. You might want to check with an attorney that does landlord-tenant law since this is a special case. Or, just let it go and wait to be sued and if the amount is over $5,000 that they feel you owe then you can get an attorney, otherwise you can fight it yourself.
by sophieb- 4 months ago