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Ray
Ray, Lawyer
Category: FL Real Estate
Satisfied Customers: 37048
Experience:  30 years in civil, probate, real estate, elder law
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I am a tenant of an office space. I sublet this space with

Customer Question

I am a tenant of an office space. I sublet this space with landlords understanding.
The had apparantly abandoned the space for his last few months of the lease and had left 2 computers behind. He has also missed a few months rent and stopped responding to my calls.
I filed a small claims case against his corporation. The locks were changed. He now comes to get his computers and had agreed to pay back rent. He wants his computers first and now in involving a lawyer. (Its obvious he doesnt plan on paying anything, and also claims the corporation is out of business).
Questions:
1. Do I have to release his belongings?
2. Do I have to let him in the office?
3. I was not told to send him a '3 day notice', so this was not done. He has 3 days left on his lease and its now Friday.
4. Can I require that he has his lawyer document in writing his demands. Just to delay the release of his belongings?
5. If his belongings were stolen while to office had been abandoned. Am I liable?
Submitted: 11 months ago.
Category: FL Real Estate
Expert:  Ray replied 11 months ago.

Hi and welcome to JA.Ray here to help you .

1. Do I have to release his belongings?

I would turn over the pcs to the landlord if possible.The landlord really has to deal with abandoned property.You as the new tenant really aren't required to do anything but to turn the pcs to the landlord.

2. Do I have to let him in the office?

You don't have to allow him access here to the office.I would suggest you send the pcs to landlord and let landlord deal with it.Landlord may well have line on the personal property but again once you send them to landlord you are out of it.

3. I was not told to send him a '3 day notice', so this was not done. He has 3 days left on his lease and its now Friday.

Again thats landlord's problem not yours..

4. Can I require that he has his lawyer document in writing his demands. Just to delay the release of his belongings?

Again you really need to send the personal property to the landlord and be done with it.It is not your fight, the landlord decides what to do with them.I would try to get a receipt from the landlord that they received these if possible.That ends your obligations to deal with it.You have no further liability once you do that.This is likely abandoned personal property here.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 11 months ago.

I wish you a happy holidays.

Customer: replied 11 months ago.
Unfortunately, Ray assumed that the landlord is responsible for handlling this situation. The landlord is a lawyer and the original lease is incredibly detailed, demanding and restrictive. (reasons why I needed to rent the office space is another story).
The Attorney/Landlord had me file a 'Tenants Request and Landlords Consent to Lease' document before she permitted me to sublet the unit. Within this document it clearly states that the Tenant is responsible for all tenants in the Lease.Though, I did not state this in my original question, I did not ask to shift responsibility for this situation to the Landlord.Unless, in Florida, the 'Sublet document' is not valid, only then would the landlord be responsible.Since Ray assumed that the landlord was responsible. He actually answered not one of questions I clearly asked.
Expert:  Ray replied 11 months ago.

You still should give pcs to landlord here and let him deal with it.These aren't your possessions ans land lord is responsible here for abandoned property.He would have liability for them once you place them in his possession.

You might have subleased and assumed terms of lease but the personal property of the original tenants is not yours and it needs to be given to the landlord. You have no rights as a subtenant to claim personal property of the tenant.You need to give it to the landlord.

You would not have a claims here to the personal property of the other tenant.Landlord may have claim to it if he is owed back rent.But again the landlord should have to deal with this and decide if has claim to it for rent owed.

You may have assumed the lease here but you are not the owner of the personal property/pcs.

Thanks again for your patience.

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