What to do if a tenant allowed a guest to sublease without the landlord’s permission?

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What to do if a tenant allowed a guest to sublease without the landlord’s permission?

I am currently helping a good friend manage a property. Currently I am active duty Air Force and out of state for training. The owner of the property is an Army helicopter pilot deployed in Afghanistan. I just received a phone call from the tenant indicating she was having a problem with an individual residing at the premises. This was all news to me as just her and her boyfriend were legally allowed to occupy the property as per our rental agreement which states no subleasing I might add. Who is responsible for evicting this knucklehead?

Asked on September 19, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well probably both of you under different theories of law.  And you also have the right to evict your tenant for breach of the lease agreement.  It really all depends on how you want to handle the matter.  But I would strongly suggest that you seek help from an attorney that deals with landlord tenant evictions as the procedural law surrounding these matters is so strict that if you mess up on service or timing the entire action can be thrown out and you would have to start all over again, losing time and money. That would surely be a shame. Good luck.  And thank you both for your service to our country.


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