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Im told that a tenant subletting an apartment/condominium

 
 
 

Customer Question

I'm told that a tenant subletting an apartment/condominium from an owner is entitled to the same rights and priveledges as the owner. For example: If owners are permitted to have pets, then a party subletting from the owner is likewise permitted to have pets as specified within whatever building guidelines are in place regarding pets. Is this true?

Submitted: 1012 days and 16 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

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State/Country of Question: Florida

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Posted by INFOLAWYER 1012 days and 16 hours ago.

Expert's Answer

That is correct unless the landlord enters into a lease with other terms. But otherwise, the tenant would be entitled to same privileges.   Some building bylaws set different rules for owners and tenants but if that is not the case here, the two would have the same rights.

 
 
 
 
 
 
1012 days and 16 hours ago.

Customer Reply

Your answer seems ambiguous. If a tenant is entitled to the same rights (which I assume is a matter of FL law) how is it possible for building bylaws to set different rules? That's the basis of my original question.

 
 
 
 
 
 
Posted by INFOLAWYER 1012 days and 16 hours ago.

Expert's Answer

The bylaws are entitled to set different rules for owners and tenants. It is a matter of board discretion.   And you would need to examine the bylaws, rules and board minutes to confirm.   Likewise, the landlord can negotiate by lease restrictions which he may not be subject to otherwise. This is negotiable. The controlling law on this is negotiated and contact law, rather than a particular statute.    

 
 
 
 
 
 
1012 days and 16 hours ago.

Customer Reply

Then tenants don't have the same rights and privileges as owners if those rights can be set aside in the bylaws. Specifically, if a building allows owners to have pets, can the bylaws disallow pets of tenants subletting from the owner (assuming the pet conforms to any restrictions such as size, weight, etc.)?

 
 
 
 
 
 

Accepted Answer

The bylaws can choose to limit pet ownership to owners only, albeit such a rule is rare.    

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Expert: INFOLAWYER
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Answered: 8/14/2009

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