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courtneysike…, Renter in Crestview, FL

Is it legal to rent a house under your name and not live there, but let someone else live there?

Asked by courtneysikes13, Crestview, FL Wed Oct 10, 2012

I hope thisis not a weird question.

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Answers

7
Most residential leases address this situation. It is referred to as sub-leasing and is almost always prohibited. The reason why it is prohibited is that, in a sub-lease, the owner/landlord doesn't get the benefit of screening the occupants. If this is your intention, you should make the landlord aware of what you intend to do. If the landlord is going to permit you to sub-lease, he will most likely condition it on him/ her having the right to screen and approve /disapprove of the prospective tenant.
1 vote Thank Flag Link Thu Oct 11, 2012
I agree with Myke. We cannot as realtors give legal advice but why would you really ask the question if you had any concerns. There are some things I do know and that is you would be responsible for the rent, utilities and other expences regarding the home, and the lease might actually address this issue. You should start by checking there. You should also inform the rentor concerning this issue.
0 votes Thank Flag Link Thu Oct 11, 2012
Legal or not, and we are not in the business of giving out legal advice--we are under strict rules to not practice law without a license--why would you want to take the liability of what the person living there might do to the property. Remember, if you sign a lease (and read it carefully), you are personally bound by all the provisions. I, for one, would never take on that amount of risk--even if it is a family member--you are the one holding the bag!!

Myke Triebold, GRI, LMC, SFR, ABR
MykeSaysSold@aol.com
850-305-6256
http://www.DestinHomeRealty.com
0 votes Thank Flag Link Thu Oct 11, 2012
The answer to that would be entirely dependent on the lease agreement between the renter and the landlord. I can tell you as a landlord, all of our leases say that nobody can stay at the property for more than 10 days unless they are on the lease.
0 votes Thank Flag Link Thu Oct 11, 2012
For any necessary legal advice consult with an attorney who specializes in real estate; if you are not the owner of the property, discuss with your landlord....
0 votes Thank Flag Link Thu Oct 11, 2012
Courtney,
I would advise you to discuss this with the landlord. Each landlord can decide what they are willing to accept or not. If you were to put the lease in your name, but your college age kid were living in the home they may want to meet and approve of the actual tenant. They may require that person to apply as well.
It's not a weird question, people help others all the time. It's just a matter of making sure you are prepared for the full responsibility of the rent. If you were hoping the resident would be making the payments either directly or through you, and they default, you are the one on the hook and the lease.
0 votes Thank Flag Link Wed Oct 10, 2012
You would need to read the terms of the lease. The lease may require that you notify the landlord of all tenants in the property.

Additionally if you are renting the house and turning around and collecting rent from the tenants, you would be in a sub lessee agreement which may not be allowed under the terms of the lease.

Personally, I would make the landlord aware of who is living there and if they agree to the arrangement, get it in writing. The landlord may require a background check for all parties.
0 votes Thank Flag Link Wed Oct 10, 2012
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