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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: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
10/4/2017
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,611
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

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