Do I have a case to sue my subletter for not paying rent?

[gewowihir]

My subletter and I have an oral agreement about the amount that she must pay monthly. For the past two months she claims to have made cash deposits into my checking account ($460 for June and $442 for July) but the money is not there and she has no receipts. She has stuck to the story that she made the deposits so I went to the banking branch she claims to have made the deposit and asked them to find out if there has been any transaction for $442 on July 1st (the day of deposit). They searched their system and gave me a written and signed statement that there is no record of a transaction on July 1st of $442 at all.

Also, according to my lease I am not allowed to sublet, however I have proof that the apartment complex has taken rent money from my illegal sublet. I read that, at least in New York, by taking that money the renter no longer has a right to take action against me because they are aware of the subletter. I've had office managers and plenty of maintenance crew in my apartment and they've never done anything about my subletter.

With all of this evidence compiled am I safe to follow through with a formal complaint and an eviction summons?

 

[army judge]

OP, anyone is free to sue anyone they wish. That isn't the question. You need to know if you can recover.

You can't prove what another person knows or has observed. That said, you know your state (FL) has some very tough tenant-landlord laws.



You can sue. I doubt that you can recover. You are renting an illegal apartment. FL (as do most states) frown upon that practice.


You may have to forget the $800 in order to retain your lease. You think you have an oral agreement. The law permits no oral agreements, insofar as property is concerned.




Google "statute of frauds" for more detail.

Your agreement (if it is legal) is covered by state statute, hence it isn't oral.




If it is anything, it is a month to month tenancy.

You, however, are prohibited from subletting by your leasehold. If that is the case, and the deadbeat, liar won't leave; you'll have to go to court to evict her.

You are sitting on a powder keg, OP. You have yet to see how nasty this could become.


Tell this lying con-artist that you'll forget the rent, she never paid, if she takes all her crap, returns the keys, and leaves 30 minutes from moment you first began discussing this matter. If she balks, then you should have a notice to quit/vacate letter to serve her.




So, Google "eviction your county, FL" for exact instructions, just in case she refuses your generous deal!!!!


You should buy a lottery ticket, if she vacates tonight!!!!

 

[mightymoose]

Yes, you can evict your subtenant. You must go through the same process that your landlord would use with you.
Don't worry too much about whether you are allowed to sublet- that wouldn't matter unless YOUR landlord was taking action against YOU.

 

[gewowihir]

Thank you for the advice but I'm still not sure about the whole eviction process. Last week I gave her a 3-day notice of payment or posession which is the first step to evict using the Florida eviction guidelines for non-payment of rent.

Of course, she hasnt responded.

My next step is to file a complaint with which I will have to provide a copy of the lease. On the lease the court will see that I am not supposed to sublet. However, with it, I'm providing evidence (a text message statement by the defendent and a copy of the money order) that she made an in-person payment to the apartment complex and they accepted her money without her being on the lease.

Frankly, I'm just not sure what the outcome will be after filing a complaint but it seems to be the only way I can legally evict her. I don't want to get into any trouble for subletting but I either want my money or for her to leave immediately, or in the best case scenario, both money and eviction. The complaint also give me and option to select whether the rent agreement was written or oral. I'm guessing that means it still stands and I even have text message evidence of that as well. Do you think that the evidence I'm providing to prove the complex knew of this subletter going to keep me in the clear of any backlash or rejection of my complaint?

 

[mightymoose]

The lease between you and your landlord is not the lease you should be concerned with.
It sounds as if you do not have a written lease with your subtenant, just a verbal agreement.

I don't think anyone will really care about your text message or evidence of your landlord accepting payment. The subtenant is either paying or isn't. If you say the subtenant is not paying then the subtenant will have to show proof that payment was in fact made.

If you go through the motions properly and your subtenant knows eviction is imminent he just may pack up and go without you having to go the full distance in court. Just talk to the court clerk, learn the process, and make sure you don't miss any steps.

 

[gewowihir]

Awesome. Thanks.

 

[gewowihir]

I offered her to leave and I'll dop everything but she didn't take it and she seems to think that she's going to win. Crazy.