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So, I know I am going to catch alot of flack for the way this happened, but I want to tell my story and see if anyone has any suggestions.
First off, I travel for work. In between assignments last September, I went home to Florida, and rented an apartment, thinking that I would no longer be on the road. In october, I got called to North Dakota, and have been here ever since. So, In December, I decided to sublet my apartment, with the intent that the new person would take over the lease ASAP.
I ONLY had three days to clear the apartment out, and turn over the keys, because I had to be back in ND. The landlord stated they wouldnt be able to change over the lease until after the holidays, so on GOOD FAITH, and after checking the sub-letters income, I handed over the keys.
For two months both the landlord and the new tenant stalled on the lease swap. The sub-letter paid Januarys rent, but didnt pay Feb or March. I have paid Feb and Marches rent. The landlord just advised me last week that this person is not credit-worthy enough to take over the lease, and I need to remove him from the property at once.
I had a family member go by the apartment, and the sub-letter has changed the locks on the door. I called the police and they said that if I change the locks and throw his belongings out, I will be in legal trouble. The only way out is to evict him.
I can not evict this person, because I simply dont have the money. I have to save every dime I have, because my child and I will be homeless come the end of April, and I have a new (permanent) job lined up in Las Vegas. I cant pour anymore money into this place.
The only card I have is to cut of the electricity to the apartment.
I am afraid if I do this that he will trash the place.
Should I just not pay marches rent and let the landlord file an eviction against me ( and try to sort it out later?)
This situation is making me sick to my stomach, I cant sleep and I am very scared about how I will put a roof over my daughters head, because this is going to ruin my credit.
I would think the only legal way to get this done is through an attorney or the eviction process. You might want to find out first what the lease laws in Florida are and how they affect the person you have leased to. Good luck and I hope it works out for you.
What a mess indeed. You really do need an attorney for this one and you might be able to get an initial legal consultation at no charge or solicit the assistance of Legal Aid. What does the landlord have to say about all of this? Although you're ultimately responsible, the sublessee is bound to abide by all the terms and conditions of the original lease and has already of course breached the lease by changing the locks. Since the rent has been paid there's as yet no breach of the lease in that respect. Maybe the LL will work with you somehow to get this all sorted out?
You cannot shut off the electricity.
Sorry not be of more help but I do think you need to seek professional legal help whatever the cost.
What a mess indeed. You really do need an attorney for this one and you might be able to get an initial legal consultation at no charge or solicit the assistance of Legal Aid. What does the landlord have to say about all of this? Although you're ultimately responsible, the sublessee is bound to abide by all the terms and conditions of the original lease and has already of course breached the lease by changing the locks. Since the rent has been paid there's as yet no breach of the lease in that respect. Maybe the LL will work with you somehow to get this all sorted out?
You cannot shut off the electricity.
Sorry not be of more help but I do think you need to seek professional legal help whatever the cost.
Thank You.
Why is it that I cannot shut of the electricity? This particular Electric Co. requires a signed copy of the lease and makes contact with the owner prior to starting service, so if I cut the service off, he will have no way to turn it back on. The electric is in my name. I have lived on STJ before, so I am familiar with the different rules for "current" down there when it comes to landlord/tenant issues.
[SIZE=-1]* Florida law does not allow a landlord to force a tenant out by:
1. Shutting off the utilities or interrupting service, even if the service is in the
landlord's name.
2. Changing the locks or using a device that denies the tenant access.
3. Removing the outside doors, locks, roof, walls or windows (except for
purposes of maintenance, repair or replacement).
4. Removing the tenant's personal property from the dwelling unit unless
action is taken after surrender, abandonment or a lawful eviction.[/SIZE]
I'm sorry to say that I don't see any easy solution here. I suggest you advise the landlord that you are out of money, can't pay him and lack the resources to evict this tenant. That you need the landlord to work with you to make this happen if he wants to get that sub-lease tenant out. Your cooperation should make this easier for the landlord to accomplish. The landlord has deeper pockets than you do and its in his best interest to get this deadbeat out of his property. Your best bet is to try and be helpful and work with the landlord towards the eviction and hope that he won't waste his time suing you since you have nothing he can collect. You may end up with a judgment against you on your credit report, a judgment that you can't pay. You probably need to seek help from your local legal aide to see if they can help you declare bankruptcy.
Your name and comments suggest that you might be in the military, if so I'm pretty sure there are legal exceptions that allow military personnel to get out of a lease if they are transferred.
Thanks for the reply. No I am not in the military, I work for a Gov Contractor. I will email my landlord and let him know what you said. Thanks so much!
Why is it that I cannot shut of the electricity? This particular Electric Co. requires a signed copy of the lease and makes contact with the owner prior to starting service, so if I cut the service off, he will have no way to turn it back on. The electric is in my name. I have lived on STJ before, so I am familiar with the different rules for "current" down there when it comes to landlord/tenant issues.
Nothing to do at all with USVI - as in the case of most states, Florida landlord tenant laws prohibit a landlord from shutting off utilities in order to effect a tenant's eviction.
I hope the LL will work with you and hopefully you'll return to the thread to update.
Thanks for the reply. No I am not in the military, I work for a Gov Contractor. I will email my landlord and let him know what you said. Thanks so much!
Best wishes duttygal86, I hope things work out for you.
Sad story....in order for the LL to file an eviction against you, the LL need to serve you with papers and if you are not to be found that can be very difficult....
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