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?

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1 Lawyer Answer
Alex McClure
Alex McClure
  • Lake Mary, FL
  • Licensed in Florida

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.

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