Sarasota, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Does my girlfriend have to fill out application and pay fee to my apartment if she's already been living w me?

I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half

2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: As long as your landlord owns the house or apartment you reside in they get to control who gets to live there--not you.

The issue is NOT whether you can afford the rent yourself; nor does it matter how long your girlfriend has been there. The issue is a legal issue that can only be solved by having your girlfriend on the written lease--with you or without you.

Anyone who is living in a house or apartment they do not own and have not signed a written lease can be evicted.

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: The Landlord has every right to know who is living in the apartments, and has decided that since she lives there, that she needs to be legally responsible, along with you, for the rent. If you elect to not comply, the LL may decide to evict you both; the mere filing of an eviction complaint can have negative consequences for your ability to rent anything decent at an affordable rate for years to come. Of course, you can always defend the eviction and maybe you'll win; and then you can explain to every potential landlord that this landlord filed an eviction proceeding against you because you chose to not comply with his rules. Anyone can read the complaint because its a public record.

You have a couple of options. Choose carefully.

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