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Issues with tenants not on lease moving out Eviction Defense

Discussion in 'Commercial Landlord & Tenant Issues' started by Justtryingtohelpafriend, May 12, 2020.

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  1. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    Jurisdiction:
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    Hi I’m trying to get some legal info for a friend going through a rough time. So she’s in a situation where the landlord is selling the house and has sent a termination of lease to her and needs to be out by the end of May. This isn’t a problem for her, the problem is there are 3 other people staying in the house that are not on the lease and aren’t wanting to move out. Let’s say she moves out by the end of the month and contacts the landlord that she’s has moved out, is she responsible for the other tenants not moving out, can she have an eviction filed against her for their choices?
     
  2. justblue

    justblue Well-Known Member

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    Is the LL aware of these other tenants? Did your friend have permission to have them in the home? Were they listed as residents on the lease?
     
  3. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    The landlord was aware they moved in and said he didn’t care who lives there. He didn’t add them to the lease
     
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    How long does your friend have before she has to move out?
     
  5. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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  6. Zigner

    Zigner Well-Known Member

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    Who do these "tenants" pay their rent to?
     
  7. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    They would all put their money together and she would send it to the landlord
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Since your friend invited those people to live there, she will be responsible for them after she leaves.
     
  9. zddoodah

    zddoodah Well-Known Member

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    Your friend is, in effect, the landlord of the other residents, and they are her subtenants. She should have given these folks the same move out notice that she got from the landlord. I hope she got security deposits from them.
     
  10. shrinkmaster

    shrinkmaster Well-Known Member

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    Your friend is the landlord since rent is paid to your friend. Your friend needs to give notice to others. However how much time was left on lease.
     
    Last edited by a moderator: May 12, 2020
  11. Justtryingtohelpafriend

    Justtryingtohelpafriend Law Topic Starter New Member

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    Well I honestly don’t know if they pay any rent it’s her family and she has been basically supporting them. They have been advised by her and the landlord that they need to be out by he 31st but she’s worried that isn’t their intentions.
     
  12. justblue

    justblue Well-Known Member

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    She must follow the ll/tenant laws for FL. Tell her to read the statutes and start the process today.

    Landlord/Tenant Law in Florida / Consumer Resources / Home - Florida Department of Agriculture & Consumer Services
     
  13. mightymoose

    mightymoose Moderator

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    Your friend won't have an eviction on her record if she doesn't remain, however the landlord can sue your friend for the cost of removing those who remain.
    I suggest, as soon as possible, removing as much personal property from the home as possible. Make the home an inconvenient place to live, but do not change locks, do not turn off electricity or gas.
    Cut any cable tv, internet, or phone service. Stop stocking food. Haul out the appliances if they are owned.
    The emptier the house is the sooner the others will get the hint that they need to go. Stop supporting them. They will quickly find someone else to mooch from.
     
    army judge likes this.
  14. Zigner

    Zigner Well-Known Member

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    I disagree. Any suit for "eviction" will necessarily include the OP.
     
  15. army judge

    army judge Super Moderator

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    Florida started a 45 day MORATORIUM on all evictions effective 2 April.

    The MORATORIUM is still protecting tenants against evictions, and will likely be extended for another 45/60 days before the current stay expires.

    Bottom line, OP, you (or your tenants) need not vacate the premises by 31 May.

    Good luck, stay safe, safer at home!
    Several protections are in place to prevent evictions in Florida and across the country. However, these policies don’t forgive the rent you may owe, that’s why Floridians are fighting for further relief to #CancelRent and mortgage payments. Your landlord cannot make you leave your home without a court order. If an eviction is filed against you, contact an attorney or your local legal aid organization right away.

    A forty-five day statewide moratorium is in effect across Florida, as of April 2, halting:

    residential evictions for non-payment related to the Covid-19 crisis and

    all mortgage foreclosures.

    Evictions of commercial properties, such as small businesses and evictions for cause are not covered by the statewide moratorium, but may find relief in county moratoriums or court closures. Newly filed non-payment cases unrelated to Covid-19 may also be covered by the federal moratorium.

    Despite notice, Florida tenants can’t be evicted during governor’s moratorium on evictions

    Coronavirus: Evictions, foreclosures suspended as part of a new executive order by Gov. Ron DeSantis
     
  16. Zigner

    Zigner Well-Known Member

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    It's the OP's friend, not the OP.
     
  17. Zigner

    Zigner Well-Known Member

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    Even if your friend and/or her guests can't be evicted, she can still (eventually) be on the hook for any rent that is not paid and/or damages.
     
    justblue likes this.
  18. army judge

    army judge Super Moderator

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    LOL :) I've heard the "my friend has a problem Yada Yada Yada, blah blah blah, blab blab blab, gibberish gibberish gibberish one hundred thousand times", if I've heard it hundreds of thousands of times.

    Wink Wink Wink ;)
     
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  19. army judge

    army judge Super Moderator

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    Which is why I presented a similar ADMONISHMENT in my response hereinabove.

     
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