Subtenant move in Fiancee?

[FloridaTenant]

In Florida, my landlord specified on the lease that only me and one roommate can occupy the premises. My roommate did not sign the lease from the landlord. The Sublease signed by me and my roommate also stated that only I and he could occupy the premises. This sublease was provided to the landlord who approved it verbally. My roommate, the subtenant, has become engaged to a French citizen and has sponsored her to immigrate with a K-1 fiancee visa. I nor the landlord are willing to modify the leases to allow a third occupant, but my roommate is insistent that she will be moving in or he will be moving out and ceasing rent payments to me. What should I do when a jobless French immigrant knocks on my door?

 

[justalayman]

that's kind of up to you. If you breach the lease your landlord can demand you cure the problem or quit the tenancy. There will be penalties for you if you do this.


does your subtenant have a definate period lease? Is there any early termination clause?

If it is definite period and there is no early termination clause, your subtenant will owe rent to you until such time you can replace him or until the lease expires. If he doesn't pay you willingly, you may have to sue and obtain a judgment and attempt to collect on the judgment.

 

[sandyclaus]

In Florida, my landlord specified on the lease that only me and one roommate can occupy the premises. My roommate did not sign the lease from the landlord. The Sublease signed by me and my roommate also stated that only I and he could occupy the premises. This sublease was provided to the landlord who approved it verbally. My roommate, the subtenant, has become engaged to a French citizen and has sponsored her to immigrate with a K-1 fiancee visa. I nor the landlord are willing to modify the leases to allow a third occupant, but my roommate is insistent that she will be moving in or he will be moving out and ceasing rent payments to me. What should I do when a jobless French immigrant knocks on my door?

Your subtenant's personal issues are not your problem. They knew the rules when they moved in, and are non-negotiable in your particular situation.

Remind your subtenant that they agreed to the terms of the sublease between you, and it does not allow for an additional occupant. Let them know IN NO UNCERTAIN TERMS that if they try to move this person into the property, that you will ALL face eviction for having the additional and unauthorized occupant residing in the rental unit. Then leave it at that.

If the subtenant decides they would rather move out, that's fine too. If you have a signed fixed-term subtenant lease with them, they (the subtenant) will remain liable for the rent due under that lease until a replacement is found, or until the end of that sublease, whichever occurs first. (As their LL, you will have the duty to make reasonable efforts to find yourself a new subtenant as well, and you will remain responsible for the missing share of rent under your own lease with the LL until that happens, whether the subtenant pays or not.)

 

[FloridaTenant]

finite term with termination clause

Yes the lease and sublease are for one year and the requirement for termination is 60 days notice. The statute about attempting to replace the tenant after early termination is also written into the lease. Evicting my roommate will take longer than the remainder of the lease period. Do I have the right to prevent her from moving in by just advising her that she is trespassing in my home and needs to not be here when the police respond to the trespassing call or she will be deported?

 

[sandyclaus]

Yes the lease and sublease are for one year and the requirement for termination is 60 days notice. The statute about attempting to replace the tenant after early termination is also written into the lease. Evicting my roommate will take longer than the remainder of the lease period. Do I have the right to prevent her from moving in by just advising her that she is trespassing in my home and needs to not be here when the police respond to the trespassing call or she will be deported?

Um, NO. They would not be trespassing. They would be an invited guest of the current subtenant, who has the right to have guests and invitees in the home with them if they wish. Plus, calling the police and/or threatening to have this person deported would be a serious abuse of process, especially when you know that the claim of trespassing is blatantly false, and that they are NOT subject to deportation for simply being in a house and visiting a friend.

 

[Who's Liable?]

In Florida, my landlord specified on the lease that only me and one roommate can occupy the premises. My roommate did not sign the lease from the landlord. The Sublease signed by me and my roommate also stated that only I and he could occupy the premises. This sublease was provided to the landlord who approved it verbally. My roommate, the subtenant, has become engaged to a French citizen and has sponsored her to immigrate with a K-1 fiancee visa. I nor the landlord are willing to modify the leases to allow a third occupant, but my roommate is insistent that she will be moving in or he will be moving out and ceasing rent payments to me. What should I do when a jobless French immigrant knocks on my door?

Inform the roommate that if the fiancee moves in, it will be a "constructive eviction" and you will have no choice but to move out, and they will be charged with ALL fees associated with the eviction. This includes: early termination fees, moving fees, deposit fees, etc.

Do I have the right to prevent her from moving in by just advising her that she is trespassing in my home and needs to not be here when the police respond to the trespassing call or she will be deported?

The police do not deport people, only ICE.