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socallegalwork
socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 117
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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I needed to rent a apt and my adult son. As a mother

Customer Question

I needed to rent a apt for myself and my adult son. As a mother i felt it was my moral obligation to assist my son as he was just released from incarceration (5 yrs). He had 7 felonies and Fl Pinellas cty has zero tolerence for felonies. So he needed help to have a place to live to regroup to not return to prison. To rent anywhere with him was next to impossible?!? We found a apt that would take us both but the mgmt requireed tthat both our names be on the lease at last min when we were moving that day...on the way Nothing was ever said prior to day of lease signing? The mgmt company knew his b!ckground that he had no work...couldnt get hired and i was paying everything.I was upset.amd need to move in and get key for truck was on the way and waiting. I put everything out in the open and was cornered to sign. I expressed my dissapprov!l but lady said it would be the only way shed let us have the key...was if id ageee to that shared teanacy?!? Now my son has been having other people in my home while im at work so as to pay for rents. It was without my permission that they would stay for weeks and months free in his room and i was told i couldnt stop him from bringing friends in or staying for up to 10 days leave and come back..this has gotten so bad cause people coming and going i had no privacy , my persoal cks were stolen and forged. I finally had to find another apt alone and leave. My son has been fishing for a roommate to help with the expenses but his choice are disturbibg the police, no one has any money and ive been left to pay full rents. Before i vacated i wrote a letter to mgmt company to advise of the situation and my fears and that if they hadnt forced me to sign a lease sharing with my son as lease holder too i could evict him out but now i had no choice but to leave myself and yet ive still had to pay full expenses. I dont want my good name ruined?! I never thought my own son would do this to his mother. He had everything paid for as my guest in the start???? What can i do to protect myself from these guest hes bringing in .is there anyway i can recover my own original apt?? Even from my son? These various people are living in my house at my expense cause my son wont quit and i cant get him out??? Hepless in Florida??
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 6 months ago.
Unfortunately, you are both tenants subject to the lease. The only way you are going to occupy the apartment alone before the expiration of your lease is probably if the landlord elects to evict your son. Does your lease have a provision about unauthorized guests or people staying in the premises without the landlord's approval? Is your son, or anyone invited into the premises by your son engaged in criminal or dangerous behavior that could pose a danger to others (drug activity, burglary, for example)? If so, you can report it to the landlord and ask them to do something about it- evict him for your safety and the safety of others in the building. If you are paying the full rent, you can approach your landlord and tell them you are paying the full rent and are willing to continue to stay and pay the rent, on the condition that you and the landlord enter into a new lease naming just you as the tenant (the landlord will first have to evict your son).Landlords generally are most concerned about keeping tenants who pay rent. If the landlord believes you are willing to notice your termination of the lease (perhaps citing your son's dangerous behavior or allowing others' dangerous behavior) and he will be left to deal with a dangerous group of people who don't pay any rent (which will cost them money to evict and try to get their money through court action) the landlord may work with you.Alternatively, you can give your landlord notice of your intent to terminate your lease for the reasons you have stated (criminal behavior, you don't feel safe, landlord has refused to take action to protect you) and move on from the situation. The landlord may try and take you to court over lost rent, but it sounds like you have good reasons to unilaterally terminate the lease. Best of luck to you!

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