Is it legal to sublease an apartment without letting the landlord know?

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Is it legal to sublease an apartment without letting the landlord know?

In the contract it says to circle if they need written consent but nothing s circled. Also, if the landlord does not have any paperwork about the sublease, can I kick the people who are subleasing the apartment out?

Asked on August 25, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are wise to carefully read your lease as to whether or not you are allowed to sub-lease your apartment in that its terms and conditions control the obligations you owe the landlord and vice versa in the absence of conflciting state law.

Since your written lease's provision concerning sub-leasing of your unit requires written consent if that provision is circled and it is not on your document, then it appears that you have every right to sub-lease your unit without your landlord's consent.

If you sub-lease your apartment out (preferably through a written document) and your sub-tenant does not honor the agreement with you, you have every right to evict him or her as your landlord would have the right to evict you if you materially breached your own lease.

Good question.

 


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