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Roommate Moved Out, Hasn't Paid Rent, No Signed Lease

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  • 05-13-2012, 01:32 PM
    dmartine
    Roommate Moved Out, Hasn't Paid Rent, No Signed Lease
    My question involves landlord-tenant law in the State of: Florida

    My g/f is "renting" but without a signed lease. She had a room mate (also living there without a signed lease) who left one day and just decided not to pay rent for about 3 months.

    However, she left almost half of her stuff in the apartment. After 6 months and many attempts to have her come pick up her stuff, she hadn't.

    So my gf decided to sell the stuff/give it away and use it to pay rent until someone could move in. Now her ex-room mate wants her stuff back, out of the blue.

    What should my gf do in this position? Thanks!
  • 05-13-2012, 02:44 PM
    Mr. Knowitall
    Re: Roommate Moved Out, Hasn't Paid Rent, No Signed Lease
    Your girlfriend should give back her ex-roommate's property, or compensate her for the items she sold that she cannot recover.

    If the ex-roommate owes your girlfriend money for rent, your girlfriend's recourse is through small claims court. If your girlfriend chooses to sublet to people who don't pay rent, her recourse is to evict them, not to appropriate and sell their personal belongings.
  • 05-14-2012, 08:09 AM
    dmartine
    Re: Roommate Moved Out, Hasn't Paid Rent, No Signed Lease
    Giving her things back to her is not an option, it was mostly given away for free in bulk and a few things sold to pay for rent. Also keep in mind, there is absolutely no type of lease agreement.

    Is it legally considered subletting when my girlfriend doesn't own the apartment and also doesn't have any sort of lease?
  • 05-14-2012, 11:07 AM
    LawResearcherMissy
    Re: Roommate Moved Out, Hasn't Paid Rent, No Signed Lease
    Quote:

    Also keep in mind, there is absolutely no type of lease agreement.
    There most certainly is. It's called a tenancy at will, and that legally takes effect when the tenant moves in. The arrangement can be terminated by either the tenant or the landlord with 30 days written notice. No written lease is not the same as no lease at all.

    Quote:

    Is it legally considered subletting when my girlfriend doesn't own the apartment and also doesn't have any sort of lease?
    Yep.
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