Winter Garden, FL asked in Landlord - Tenant for Florida

Q: Can my landlord evict my husband if his name is not on the lease

My landlord is the father of my kids we have a child support agreement free rent on one of his properties for child support, he refused tu put my husband name on the lease now he's asking that my husband need to move out. My husband and I got married way before this agreement.

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1 Lawyer Answer
Steve Louis-Charles
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Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: The answer to this will depend on any existing terms in the written lease and/or child support agreement e.g. limiting the number of occupants in the leased premises. If the written lease agreement/child support agreement is silent on the matter you may have a great defense to allow your husband to remain on the property. However, because your question implicates family law issues, those matters under the law tend to take precedents and will need to be dealt with by the family law courts and not the county court where landlord tenant matters tend to have jurisdiction. I recommend that you contact a family law lawyer and/or request an emergency hearing before the family law judge who ruled on your child support case. Hope this helps and best of luck...

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