Orlando, FL asked in Contracts and Landlord - Tenant for Florida

Q: I subleased without going through the landlords subleasing requirements; which the contract specified was unauthorized.

I signed a contract with the sub-leasor. However, I still make payments to the landlord and our contract, I'd argue, is still intact. While I violated a portion of the contract, I did not, in my opinion, 1) materially breach, nor 2) is the landlord damaged because rent is still being paid despite my non-material breach. Can the landlord evict the subleasor, or myself (although I'm not living at the specified location)? Would the landlord need to prove a material breach to do so, and damages?

Related Topics:
1 Lawyer Answer

A: You may be evicted. This is up to the landlord.

If I was the attorney for the landlord I would respectfully disagree that such a breach was material, but without seeing your lease its impossible to estimate.

The landlord may certainly evict the sub.

Most contract breaches need to be material to be actionable, but not all.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.