Unauthorized sublease issues in Florida

[Idea]

These events take place in Florida.

My roommate and I both decided to move out of our apartment three months before the lease ended. We decided to seek out two people to sublease in order to save some money. In an effort to both get paid as quickly as possible and to make it easy for my replacement subtenants to move in, in my infinite wisdom I decided to bypass the application process and brought the new subtenants in without authorization. The only thing that I did in an attempt for some legitimacy was to draft a document that subtenants and tenants (me and my roommate) signed agreeing on a price and that they would have to vacate if they did not pay.

Now that they are actually not paying our agreed upon price, what recourse do I have? Is there anything I can do to encourage them to pay? Since they don't actually have authorization from the landlord to live there, can they be removed for trespassing or something similar? Will the police even be able to help in view of the fact that what I am doing goes against my own lease agreement--something that I can be evicted for?

I have managed to maintain a good relationship with my landlords for the past three years, but of course they don't know about this situation. My lease is scheduled to end in 30 days--at the end of July.

Thank you very much for your help.

[sunlover]

You can sue them for the agreed upon sum but this will not protect you from your landlord seeking legal action against you

[sandyclaus]

Originally Posted by Idea These events take place in Florida. My roommate and I both decided to move out of our apartment three months before the lease ended. We decided to seek out two people to sublease in order to save some money. In an effort to both get paid as quickly as possible and to make it easy for my replacement subtenants to move in, in my infinite wisdom I decided to bypass the application process and brought the new subtenants in without authorization. The only thing that I did in an attempt for some legitimacy was to draft a document that subtenants and tenants (me and my roommate) signed agreeing on a price and that they would have to vacate if they did not pay. Now that they are actually not paying our agreed upon price, what recourse do I have? Is there anything I can do to encourage them to pay? Since they don't actually have authorization from the landlord to live there, can they be removed for trespassing or something similar? Will the police even be able to help in view of the fact that what I am doing goes against my own lease agreement--something that I can be evicted for? I have managed to maintain a good relationship with my landlords for the past three years, but of course they don't know about this situation. My lease is scheduled to end in 30 days--at the end of July. Thank you very much for your help.

In a sublease situation, you take the role of the LL to your subtenants. You remain liable to YOUR LL for the rent each month, which you would be collecting from your subtenants. In the event that the subtenants fail to pay YOU would be the only one authorized to evict them based on non-payment of rent (since the subtenants have no business relationship with your LL, the LL cannot evict the subtenants because they have not paid rent).

Since YOUR subtenants have failed to pay, you remain liable for that rent each and every month out of your own pocket - that's the only way you can to keep your LLs happy and avoid ALL of you getting evicted (due to the illegal and unauthorized sublet).

Just a note here - THIS is one of the primary reasons LLs need to be involved when a tenant wants to sublet. LLs often have additional resources for proper screening of tenants to help you avoid those who might otherwise slip through the cracks. They want tenants - AND SUBTENANTS - who will meet their own screening requirements.

[Friend In Court]

Originally Posted by Idea These events take place in Florida. My roommate and I both decided to move out of our apartment three months before the lease ended. We decided to seek out two people to sublease in order to save some money. In an effort to both get paid as quickly as possible and to make it easy for my replacement subtenants to move in, in my infinite wisdom I decided to bypass the application process and brought the new subtenants in without authorization. The only thing that I did in an attempt for some legitimacy was to draft a document that subtenants and tenants (me and my roommate) signed agreeing on a price and that they would have to vacate if they did not pay. Now that they are actually not paying our agreed upon price, what recourse do I have? Is there anything I can do to encourage them to pay? Since they don't actually have authorization from the landlord to live there, can they be removed for trespassing or something similar? Will the police even be able to help in view of the fact that what I am doing goes against my own lease agreement--something that I can be evicted for? I have managed to maintain a good relationship with my landlords for the past three years, but of course they don't know about this situation. My lease is scheduled to end in 30 days--at the end of July. Thank you very much for your help.

Without express permission from the landlord to substitute these friends on the lease, it stands as it was signed -- with you responsible for the rent until the end of the lease term (now ended). The landlord may hold you responsible for any unpaid rents and forfeit of your deposit towards unpaid rents and deposits.

The main and probably only advantage of the sublease agreement you all signed is that you may seek reimbursement from them for any unpaid rents and damages. While the sublease in and of itself is a derogation of your lease agreement, the fact is they did live there, owe rent for the time and restitution to you for any damages.