Can I be sued or evicted for having a roommate without my apartment complex’s knowledge?
I recently rented out a vacant room in my apartment to help with rental costs to a woman I met through a rental site. Since she moved in she has been loud, dirty, always pays her rent extremely late, I could go on and on. I served her with a 30 day notice I found online as this is what I found is legal if you’re just doing month to month and there is no lease in place. She is now saying she is gonna go to my apartment complex and notify them that I had a roommate without their knowledge and also sue me for all the rent she’s paid since I didn’t not have permission from my complex for her to rent the room. I do not have a copy of my lease so I am unaware if it specifically states in my lease that I cannot have a roommate. I honestly had no idea I had to notify my apartment complex if someone was only going to be staying for a few months and it was just a verbal month to month agreement. What is going to happen now legally? Can she really sue me or is she just making empty threats because she’s upset that I’m kicking her out. & as far as my apartment complex are they going to evict me because of this? Any legal experts or lawyers please put your input. I live in Miami Florida if that helps.
- DEBSLv 77 months agoFavorite Answer
Let's assume your lease says you can't sublease because they typically do at apartment complexes. That puts you in violation of your lease. The complex would need to give you a 2 or 3 day notice to quit (fix it) or they can start the eviction process in court. At this point, you've already started the steps to fix the situation. As long as she gets out at the end of her 30 days, it's unlikely the complex would do anything. You are dealing with humans though so you never know what they'll try.
She can try suing you for the rent back, but that's not going to fly. She has an agreement with you.
- R PLv 77 months ago
Yes, you can be evicted for allowing someone to move in without your landlord's permission.
However, most likely your tenant is blowing hot air. Call her bluff and tell her to be out by the end of the notice period.
BTW, FL law allows 15 days notice to vacate prior to the end of the current rental period; you did not have to give your tenant 30 days notice. Google and read FL's landlord laws to find out what the steps are to have your tenant evicted thru the courts. Is she refuses to leave, that's what you'll have to do to get her out.Source(s): FL landlord
- sunshine_melLv 77 months ago
Most leases specifically prohibit subletting (which is what you were doing)
She can't sue you for this - the issue will be between you and your landlord.
- SimplytheFACTSLv 77 months ago
if they have no knowledge of it, you won't be evicted, if you are found out, you can be....
you could also give a cure or quit notice as per state law for the noise and mess and try to evict sooner based on that.
she is blackmailing you, black mail is illegal. if you can legally record conversations without her permission...discuss that with her for when you take her to court if need be...
NO SHE CANNOT SUCCESSFULLY SUE YOU for the rent she paid..she's bluffing....
really? why don't you have the lease?
how can you have no idea????????? that is common knowledge.
chances are a court will not evict (only a court can evict) as long as you are taking steps to remove your subtenant.
make sure you are following the laws of YOUR STATE. FL has a 15 day notice period, but I think it has to be given before the 15th of the month....I'd have to look that up to confirm that......but since you already gave the 30 day you will have to go with that.
it is true I have never seen an actual lawyer or actual pro (except someone that seems to be LYING about being a paralegal with 25 years rental/real estate experience since her answers are wrong about 95% of the time---likely on purpose), but it could happen that a real pro would show up.
your landlord would give you a cure or quit notice to get rid of the subtenant...if you don't, your landlord would have to take you to court.....
cure or quit notices typically vary from 3-7 days (by state),never heard of 2 days.
QUIT MEANS TO MOVE OUT.
it is CURE (fix it) or QUIT (move out).
if the lease doesn't say anything about subleasing it would fall to state law.
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- 7 months ago
Yes, you can be evicted , it is a violation of the lease terms.
- MaxiLv 77 months ago
No one can read your contract on here and no one knows how your managing agency deals with subletting tenants.......
- No MercyLv 77 months ago
there are NO LAWYERS ON HERE period. having an excuse that u did not know u could not sublease a room in your apartment without asking the landlord is just that - redundant excuse. in some places u cannot even have overnight guests for more than certain amount a month and certainly u should notify your landlord if u re gonna sublease the room in your apartment. i don't know whether they will kick you out, as a starter u go to the management office and ask to see a copy of your contract because u don't know where yours is. i m sure they will make u a copy. maybe for a small fee.