Rental Basics in Miami>Question Details

John, Renter in Miami, FL

Can a tennant legally sublet?

Asked by John, Miami, FL Mon Apr 11, 2011

I am subletting a rome in a house with no lease from the tenant who has a lease with his landlord. I have no idea if he is authorized. He wants to raise my rent for the current month with no notice.

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Oliver von Gundlach’s answer
You are a tenant and as such you do have rights. With or without a written agreement. Please read the Florida tenant/landlord act in regard to your obligations and rights.
Now, if your landlord is allowed or not to sublease, really does not help your situation. You need to negotiate with your landlord the new rent. If you can't come to an agreement then you need to move. This is where you need to know your rights, so you know how long you have to find a new place. I hope you have receipts for the rent payments. This way you can proof that you do have an agreement with the landlord.
Lastly, should you come to an agreement with your current landlord, please put it in writing.
Good luck, Oliver
1 vote Thank Flag Link Fri Sep 30, 2011
Hi John -- The time to have asked this question was before you moved in. The only way you can know if your "landlord" has the right to rent you a room in his rented apartment is to see his lease. I guess you could ask him. He isn’t obligated to show it to you.

What I would suggest is that you try to negotiate the increase with him (I'm assuming you want to stay?) What is the reason for the increase? Was there any discussion about it? Perhaps he has found that you are causing his water or electric bill to increase more than he anticipated, maybe you're keeping him awake nights by talking loudly on your phone or playing your music, maybe his girlfriend doesn't like coming over anymore because there's another guy in the apartment. It could be any number of reasons--all of them valid (depending upon your point of view). Since you have no lease, you must have known that you were there at the will of your "landlord". Remember, if you cause him to be evicted (assuming he doesn't have the right to "rent" out a room to you), you'll still be out of a place to stay.

My best advice is to try to come to an amicable agreement that both parties can be happy with. It’s no fun living in a place where you’re not wanted and I’m sure you wouldn’t want to make his life difficult either. Trust me, life is too short to sweat the little things. If you decide you can’t afford the increase and he won’t reduce his demand, tell him that even a “tenant at will” (you) has to be given a 30 day notice in Florida and you’re happy to move to another place at the end of the 30 days. Then move—and move on with your life. Take with you the positive energy that you’ll feel by going somewhere that appreciates you. (This time get a lease.)

Best of luck—

Louise Warring
Coldwell Banker Residential Real Estate
1 vote Thank Flag Link Mon Apr 11, 2011
It all depends on what the lease says. More than likely it is not legal for him to rent out a room to you.
I am sure his landlord would not be amicable to that. Does the landlord know that you are renting a room?
1 vote Thank Flag Link Mon Apr 11, 2011
John, do you know if the home is in foreclosure? If you don't know, send me an email with the address and I would be happy to check for you. If it is, you might want to get out now, particularly if you gave them a deposit.
0 votes Thank Flag Link Thu Jun 12, 2014
If he is not authorized he might be evicted .you might try to get on contact with his landlord or work with him this rise .in all case you should talk to him about you moving out in your thirty days notice
0 votes Thank Flag Link Thu Jun 12, 2014
All Case are different. Tenant and Subtenant, nor Families only friend share apartment of 2 Broom Affordable rent./Evil Design Propoerty manager despite that exist a Lease Signed by tenant/and Subtenant
year to year. The cost of the rent is $500.00 at months (example) Tenant Pay $250.00 and Subtenant $250.00 both instrument payable to the Unit Firm. Landlord. Manager take retaliation with the Tenant
and take aout to subtenant and give acomodation on another affordable place. paying lees or the same. Tenant say Manager how much is my rent now? the retaliate manager say $500.00. why? if the contract has been broken by you and not me! You give more favor better treatment to the Subtenant.
The case Includ Retaliation, Discrimination, revenge Evil design. Who can help to Tenant problem?
how you can understand this case? how???? Because the manager say if you no pay the rent $500.00
will received three notice days. Is wrongfully, this action o legal action???? or Unconscionable? by the Law.
0 votes Thank Flag Link Tue Sep 27, 2011
Hello John:

If a standard Florida Associaion of Realtor and Florida Bar approved lease was used between the property owner and the tenant which is subletting to you, then the tenants right to sublet will be located in paragraph XVI. Regardless, if they do have the right to sublease the unit to you then the owner would have had the right to approve you as a tenant; do you know if the landlord is even aware that you are living in the unit. If they are unaware that you are living there then they may just consider you a visitor and your the time that you may reside in the unit is very limited. Usually limited to about 15 days as a visitor, anytime after this predetermined (by the original lease) period would have to be disclosed to the landlord.

An excellent source for landlord tenant relationship questions is the Florida Landlord Tenant Act.
0 votes Thank Flag Link Tue Apr 12, 2011
The answer to whether or not a tenant may sublease will be found in the original lease.
Web Reference:
0 votes Thank Flag Link Tue Apr 12, 2011
It all depends on the agreement the landlord signed with the tenant. There is nothing that would stop a tenant from subleasing unless his lease terms state that the tenant cannot do so. You have the same rights any other tenant would with a verbal month to month lease (if you don't have a signed lease). In order to know all of your specific rights, you should review the Florida Landlord Tenant Act.
0 votes Thank Flag Link Mon Apr 11, 2011
John: Even if he cannot legally sublease the room, he is to you and want's to raise your rent....Your other problem is that you didn't have a lease with him when you moved in.

The purpose of a written lease is to have a written document that both parties agree to so that misunderstandings like this don't take place.

Move out and find a new arrangement but get it in writing next time!

0 votes Thank Flag Link Mon Apr 11, 2011
Verbal agreements are not worth the paper that they are written on....

Regardless if there is a written agreement or not- certain time frames still apply!

Check the Florida Landlord Act- I believe that your tenancy requires 30 days advance notice.
0 votes Thank Flag Link Mon Apr 11, 2011
Good afternoon John,

You would need to see the original lease document from legal tenant/1st tenant in order to see whether the landlord allowed tenant to SUBLEASE. If not allowed you are denitely not protected and leaving yourself wide open for potential serious problems.

Best regards,

Gemma A.Trimarchi, P.A.
Realtor Associate / Property Specialist
Chariff Realty Group
4141 N.E. 2nd Avenue, Suite 200-B
Miami, FL 33137
P: (786) 838-6006
O: (305) 576-7474
F: (305) 675-8161
0 votes Thank Flag Link Mon Apr 11, 2011
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