Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am breaking an apartment lease and will pay the remainder…

Customer Question
Hello, I am breaking...

Hello, I am breaking an apartment lease and will pay the remainder of the lease terms. However, my former boy friend is shown only on lease as nature of occupancy. He is not the lease holder. Does he have the right to stay as I have already moved out.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Yes, landlord has been advised and separate letter to ex staing to have all property out by 10/7/2017. This was a 2 week notice.

Submitted: 8 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
10/4/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,154
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The problem here is that even as an occupant, he has the same rights as a tenant on the lease and if you break the lease, the landlord will have to formally evict you as the leaseholder because you are basically leaving your occupant there.

.

In order to protect yourself from further liability, you actually have to evict the ex through the courts if he won't leave after you give him a written 15 day notice to vacate. This is because as the prime tenant, you let him live with you under your lease, so legally you are his landlord and he is your tenant.

.

So you would need to first give him a 15 day written notice to vacate signed by you (keep a copy) ((you may have already done this)). Then if he doesn't vacate, you have to file a formal eviction action in the local courts on the summons and eviction forms the clerks will give you and get a judgment and a writ that the sheriff will execute to force him to leave.

.

This is all assuming that the landlord doesn't agree to enter into a new lease agreement with ex and ex wants to stay and can pay the rent...

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,154
42,154 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

42,154 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My landlord is evicting everyone in our apartment complex to
My landlord is evicting everyone in our apartment complex to renovate. She has given me a 30- day notice and then accepted a rent payment. Is that 30 day notice still valid now. Also her requested mov… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,520 satisfied customers
Is it possible to evict a tenant for filling a civil suit
Is it possible to evict a tenant for filling a civil suit against us, the landlords, when it clearly states that if any dispute relating to the lease be submitted first before a nonbinding mediator an… read more
socallegalwork
socallegalwork
95 satisfied customers
I was illegally evicted by my landlord. My apartment had
I was illegally evicted by my landlord. My apartment had major health violations and when I told him he ignored the problem until the health department got involved and now I have a judgment of 9000. … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Need help with an eviction. None. Florida. Repairs needed on
need help with an eviction JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: none JA: Where is the property located? Customer: florida JA: Anything else you wan… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,520 satisfied customers
What is the legal requirements to evict someone from
what is the legal requirements to evict someone from apartments when they pay the rent on time … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In NJ to evict a tenant, is it right process? 1. Notice to
In NJ to evict a tenant, is it right process? 1. Notice to cease – 10 days 2. Notice to quit or vacate 30 days 3. Go to the court… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I was summoned for a eviction, i am currently applying for
I was summoned for a eviction , i am currently applying for another apartment. Will the new landlord see this summons? And will i be denied for it … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
I am late on my rent my apartment landlord filed an eviction
I am late on my rent my apartment landlord filed an eviction lawsuit and today called me and asked when was i going to pay the rent i said on the 23rd but today when i made it home there was a letter … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
I just moved out of an apartment. The entire apartment was
Hi! I just moved out of an apartment. The entire apartment was cleaned - vacuumed, mopped, wiped all that … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
I am being evicted from my apartment. They said I have a dog
I am being evicted from my apartment. They said I have a dog and I don't. In the past my son's friend brought a dog over the apartment and they gave me a warning. Now they said that we were by the poo… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My dad is trying to be evicted because the neighbor keeps
My dad is trying to be evicted because the neighbor keeps calling the police and he keeps being the dog tickets and he wants to know what his rights are … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was evicted from my apartment for nonpayment of rent. I
I was evicted from my apartment for nonpayment of rent. I never missed paying rent nor any other billing in life.How can they just kick me out like that? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
My apartment complex is threatening eviction with out the
My apartment complex is threatening eviction with out the proper legal documents and they are wanting to do it tomorrow...what can we do to stop this? … read more
Barrister
Barrister
Lawyer
42,154 satisfied customers
I was "evicted from a Gov.subsided Apartment called "evicted
I was "evicted from a Gov.subsided Apartment called "evicted for criminal reasons. The. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My 19-year-old Niece was evicted from her apartment. She was
My 19-year-old Niece was evicted from her apartment. She was two months behind in rent. She lost her job, but told us she was still employed and paying rent. We are now having her tested and may soon … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
My parents are getting evicted and the eviction notice. I
My parents are getting evicted and my name is ***** ***** eviction notice. I have not lived with my parents in over 4 years. Is there anything I can do to prevent this from damaging my reputation and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter just got an eviction notice from her apartment
My daughter just got an eviction notice from her apartment (Arkansas). Says they need to be out in 3 days. Is this legal or should they give them 30 days? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
It is an eviction question, I live in an apartment with my
it is an eviction question, I live in an apartment with my wife and occasionally our grandson. our rent was typically and scheduled to be taken out on the 3rd of the. Because it was not consistently t… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x