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I sublet a room, troubled waters

Discussion in 'Rental Agreements & Subleases' started by gonlaz, Feb 13, 2015.

  1. gonlaz

    gonlaz Law Topic Starter New Member

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    On December 27th I prepaid rent for 2 months and also a security deposit with a lady who rents one half of a duplex. The owner of the duplex in full lives in the second half.
    Our agreement was that I could move myself and my 2 cats in, the cats stay in my room, I was unemployed and only intend to stay the 2 months. I also set the expectation that I wouldn't be out in the living room socializing and that I would keep to myself, apply for work and then move end of February (her and her son who lives there are smokers and it's disgusting so I don't want to hang around with it). She and I both spoke in person with the owner of the property and the owner of the property agreed to let me and the cats rent the room from my landlady.
    Everything was fine until a week ago, my landlady started ranting via email to me (she literally sent me 10 emails) using some very derogatory words and insulting me for not working and not coming out of my room to socialize and also ranting about me not going to the state for financial help (mind you, all this while the rent was already paid).
    She then began to strongly complain about the cat hairs, the cats in my room are short hair and yes I understand animals shed, that's what animals do - she has a dog I assume she understood this. She claimed the cat hairs ruined all the carpet in the house, even though the animals do not leave my room and that I am destroying the place with my hair. Ok, I am not Robin Williams hairy, I'm just a guy with hair. So she said she was tired of cleaning up after me - she had not mentioned any of these complaints at any point before last weekend.
    She then threatened to have the owner evict me. I finally told her that I would no longer respond to her ranting, rude emails and that since I paid for 2 months and have not ruined the room, damaged anything that I didn't believe I could be evicted legally. Anyway, I just want to know if someone can explain my rights.


    The owner of the duplex told her she could have two pets on her lease, she brought a dog in 3 weeks after I moved in.
    My landlady told me I could have my cats there in my room
    I have not damaged anything, sure I have a habit of leaving clothes on my floor but it doesn't look like animal house and I have been keeping it clean and mop the floors, etc.

    My time runs out February 28th and I have no intention of staying any longer, however I need enough time between now and the 28th to find a new place. I don't feel like I should be forced out because she doesn't like cat hair?
    Can I be evicted by the owner?

    Thank you
     
  2. army judge

    army judge Super Moderator

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    Of course you can be evicted, and your cats, too!
    I suggest you get out as planned, and avoid drama.
    If you stay longer than you have paid for, expect your problems to mount.
    Once an eviction is filed against you, never mind the outcome, you'll never be able to rent decent housing for decades; if ever again!

    Plus, the longer you hang around these people, the more curious they'll become.
    If you don't want them exploring you and your past, get out as planned.
     
  3. gonlaz

    gonlaz Law Topic Starter New Member

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    Well, I'm not worried about my past, no criminal history or anything.
    As I stated though I am not leaving before the time is up that I paid for, don't I have that right? I haven't violated our agreement so I'm curious
    (side note I am also the dude whose employer didn't pay him for 3 weeks, my moving options are very limited right now but I plan to leave the 27th)
     
    Last edited: Feb 13, 2015
  4. army judge

    army judge Super Moderator

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    Yes, I recalled the name and the state.
    It would seem to me that there's no way your LL could get out before the 28th.
    I see no reason she would have to evict you, either.
    That said, under FL law, both of you have the right NOT to renew and not give a reason.
    Both of you must observe a proper notice timeline.
    The notice required in FL is 15 days (in WRITING) for the tenant or the LL.

    If neither of you gave notice (in writing) prior to 13 February, both of you have missed the required 15 notice period.
    You have about 30 more minutes to meet the requirement.
    Otherwise, neither of you will have met the 15 day notice requirement, as directed by the statute.

    She wants you out.
    You want to leave.
    So, protect yourself, if you miss the 15 day window, and give a 14 day notice.
    Just make sure you mention that in your written notice to terminate your tenancy.
    If she disagrees, you might have to stay another month so that she can't sue you.
    It would be stupid of her to do that, because you say she wants you gone.


    Okay, here's the law on month to month tenancies in Florida:

    A landlord can give you written notice to move, allowing you 15 days as required by Florida law, notifying you of the date on which your tenancy is to end. Your landlord need not give you a reason for exercising his or option to terminate your month to month tenancy.

    Your landlord may legally provide less notice if you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).

    A tenant in Florida can choose to vacate a month-to-month tenancy. He or she must provide notice of at least 15 days of his or her intention to vacate to the landlord. You must check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date. Absent any such requirement, 15 days advance notice prior to the next renewal date will suffice.

    A tenant might be able to move out with less (or no) notice as an example, if the LL violated the rental agreement or failed to fulfill his or her responsibilities affecting the tenant's health or safety.


    See Florida state law (Fla. Stat. Ann. § 83.57) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice.

    An excellent explanation published by the Florida State Bar Association:

    http://www.floridabar.org/tfb/TFBCo...588!OpenDocument#RIGHTS AND DUTIES OF TENANTS
     
    Last edited: Feb 13, 2015
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  5. gonlaz

    gonlaz Law Topic Starter New Member

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    You're the best, thank you very much for the information
     
  6. army judge

    army judge Super Moderator

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    Well, thanks you.
    Mother used to tell me that when I was a kid. LOL
    Never hurts to hear it even as an old timer!
    Good luck, you will turn this thing around.
     
  7. gonlaz

    gonlaz Law Topic Starter New Member

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    Hi, I'm back and still living in this room.

    This needs an update, I am concerned.

    Backing up to last month's outcome, she apologized for being such a s*** to me about everything and offered me the chance to stay another month or two if I needed to, at the time I had no other options so agreed and paid one more month (feb 27-march 27), things have been ok between us, no issues.

    As of today:
    The lady I am subletting from was slapped with a 5 day eviction notice from the sheriff's department. She retained an attorney to fight it because she has receipts that show she paid all her rent but is still refusing to pay next month in full due to repairs, apparently you can do that here but I am unsure of the specifics. She told me that she informed her attorney about me living there and I realize from what you stated before that I can be tossed out as well and I definitely do not want that. I spoke with the owner of this property today and her property manager and they both told me that my landlady's attorney told them that she did not realize I existed, she was never told about me.

    So two questions if you do not mind entertaining them?

    As I understand this process, my landlady notifies the court she is fighting and then it goes through a process of arbitration or eviction (not sure of the right words) and nobody has to move out during that process as long as rent is paid during the time, is that correct?

    If that is correct then can I stay and still look for a new place during that time without having an eviction filed against me? (currently I am not named on the paperwork so I am seeking clarification on that part)
     
  8. army judge

    army judge Super Moderator

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    I will bite my tongue, because I suspect you are already kicking yourself for extending your stay. LOL

    It would appear the person renting to you was illegally subletting.

    I suspect her lease doesn't allow her to rent our rooms the way she is doing.

    If I were you, I'd arrange a meeting with the landlord (or his her property manager) to discuss your situation, IF you plan on staying there a few more months.

    From what you describe, you aren't named in her eviction because no one knows about you.

    The mean woman is more than likely in financial trouble.

    I wouldn't believe anything she tells you at this point.

    I would endeavor to get out of there very quickly, unless you can broker a deal with the REAL landlord.

    Otherwise, once your presence is discovered, and the REAL landlord goes after her, he or she could come after you.

    It seems you're making nice with the REAL landlord will eventually pay off, so keep working that angle, and you could come out of this unscathed.

    As far as being evicted, if she is evicted, your presence will be discovered.
    You, however, are an innocent victim of her chicanery.
    If they boot her, you'll be discovered, but probably be allowed to stay.
    Do yourself a favor and get out of there, if your REAL landlord won't negotiate a tenancy with you.
    Eventually someone will want to rent the premises, and if you are unable to sport the entire rent, you'll eventually be evicted.
    I'm afraid you're on borrowed time, my friend.
     
    Last edited: Mar 11, 2015
  9. gonlaz

    gonlaz Law Topic Starter New Member

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    Hey thanks again for replying!

    Well yes, I laughed at your statement about staying here, but I really had no other options. I am going to do everything I can not to have to surrender my pets. I have spoken with the landlord (the actual owner) and she offered the place to me but only after we all move out and they make sure the place is empty, so not sure that that's about.
    I am so far not named on the eviction but I know if it does go to court I probably will be, by then I hope to be out finally, new job starts in April. I read the attorney's letter and they are fighting it (specifically the attorney went to the courthouse and submitted next month's rent and a letter from my landlady about her reasons for fighting it, so I don't think we will be thrown out tomorrow but I am still nervous as heck; I will believe it when the day is over.

    I won't stay here and not pay, that's not in my blood, I do things the right way :)
    But my next move depends on what happens tomorrow!
     
  10. gonlaz

    gonlaz Law Topic Starter New Member

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    Yo I have one more question as my crazy landlady pushed too hard and got a 7 day notice to cure (which day 7 would be tomorrow, Friday). She won't give me the rent I paid 5 days ago and is now demanding I leave tomorrow, which is ridiculous. The owner told me not to worry but my landlady is going bananas, I already had to call police once.

    So my question is, and I am having a hard time finding the answer because I'm dumb I guess - does a 7 day notice to cure in seminole county florida include weekends?
     
  11. army judge

    army judge Super Moderator

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    The seven day notice to cure is simply a warning notice. If the action isn't taken within the seven days, a court action follows, IF the party pressing the issue wants to pursue it.


    If the landlord has a tenant who is undesirable but the situation could be remedied within seven days (i.e. unauthorized pets, guest, or parking, etc.), the Seven Day Notice with cure could be used.

    The notice should state the non-compliance allegation and allow the tenant seven days to correct the problem or to vacate the premises.

    The tenant would be allowed to stay if the defect is remedied.

    If the defect isn't remedied, then the landlord would file a complaint for eviction based on the notice given.

    If the same noncompliance problem were to reoccur within a 12 month period, the Landlord may commence with eviction proceedings without giving a subsequent seven day noncompliance (get it in line, buddy) notice.

    I believe the seven days refers to ONE calendar week.

    Seven days, or ten days, only a judge can evict you, IF you don't leave of your own volition.

    Not to worry, tomorrow is Good Friday, Nothing can happen until next week.
    If the LL follows through, you'll eventually get a summons (I think it allows you five days) that will end up in a hearing before a judge in your county.
    At the earliest, such a hearing wouldn't happen until the week of 13 April, if that soon.

    That money you gave the jackball, you'll never see that unless you sue her.

    If your LL is working with you, just keep your mouth shut about it to her, and work with your LL.
     
    Last edited: Apr 2, 2015
  12. gonlaz

    gonlaz Law Topic Starter New Member

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    Well I am leaving this place, the 7 day notice to cure wasn't meant for me but for the fruitcake I rent the room from (she actually went to court today to avoid being evicted for being a tard with her landlord, the owner of property. however the fruitcake is going bananas about being evicted tomorrow if I don't leave - the 7 day notice to cure was posted last Friday. I can't really go anywhere until Saturday night. The motion to cure involved unauthorized renters but as we've discussed earlier in here, the property owner gave me permission to be here but didn't put it in writing. The proper LL (owner) even today told me that nobody is getting thrown out tomorrow.

    So is Good Friday considered a holiday or does it count in the calendar week for this purpose?
     
  13. army judge

    army judge Super Moderator

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    You can check with the court's website to see if it is considered a holiday.
    Stop worrying, she can't put you out.
    Only a judge can order you out, and a deputy will throw you out if you refuse to leave a few days later.
    Your case is nowhere near that stage, so ignore her.
    Or, rent a hotel room for a few days, stay with a friend, or check into a shelter.
    If I were you, I'd shut the door to my room and lock it, ignoring her and her idle threats.

    Your LL is the horse's mouth and he said no is getting thrown out tomorrow, so that includes you.
    Nutcases never get better. A whack job grows whackier over time. Just wear a headset and crank some tunes up real loud, mellow out and chill.
    Life is gonna get better the sooner you leave that walnut grove. LOL
     
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  14. mightymoose

    mightymoose Moderator

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    If she wants you out fast she should be paying you to make it happen.
     
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  15. gonlaz

    gonlaz Law Topic Starter New Member

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    Well, good news. I was able to secure a new place to live, smoke free, drama free :)
    The crazy lady gave me $300 of my money back after I called the police for her continued threats against me and then called her attorney informing her of the coming lawsuit and police visit. It was a start, and I am going to sue her for the rest later when I settle in with the new job.
    Cheers!
     

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