Ukiah, CA asked in Real Estate Law and Landlord - Tenant for Florida

Q: There are 3 people on a year lease for an apartment in Florida. One is leaving and wants off the lease. The managers

again want proof of income for remaining 2 tenants. Can they retain their lease if one of them leave? They are only 2 months into a second year-long lease and have never been late. The remaining tenants do not want to be screened again and create a new lease to bring in another roommate.

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Ultimately, the landlord has the right to keep all three people on the lease. (Except if the person leaving is in the military and got transfer order's). Barring the military service situation, the landlord can set the terms of removing the leaving tenant and also set the terms of the tenants who remain. It may not seem fair but a change in the lease with one party leaving allows the landlord to hold that person to the lease or renegotiate with the remaining two parties.

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