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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54709
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I signed a one year lease 2 bedroom / 2 bathroom guest house

Customer Question

Hi. I signed a one year lease for a 2 bedroom / 2 bathroom guest house in Naples Fl.
My husband WAS going to live with me. He changed his mind about staying married once I moved in. Therefore, I suddenly need a roommate to help me with the $2,000 rent.
My landlady went crazy when I said the word "roommate" - even if I am the only one here. I called the police because her harassment was so intense and unjustified.
The landlady has threatened to evict me and told me I would pay her legal fees?
My roommate is moving in right now.
Is there any thing that can be done to protect my rights?
The lease says "2 people". I am the only name on the lease.
Thank you,
Monica
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon Monica. My name is ***** ***** I look forward to helping you.

Your landlord is out of her mind and has no legal right to prevent you from having a roommate unless the lease you signed specifically prohibited it. This is clearly a 2BR/BR property and so it would only be reasonable to expect another person living with you. And, here's the thing, she can take no action against you or your roommate without getting a court ruling. Anything short of her filing a court petition and prevailing...which given your facts she would not prevail...is an illegal eviction and gives you the right to recover damages, both actual and/or punitive. So, I would inform her of the foregoing, and that if she takes any further actions, not only will you call the police to file criminal charges, but also suing her for an illegal constructive eviction seeking both actual and punitive damages.

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