Florida statutory law does not expressly prohibit or allow subleasing. Most of the time, the lease agreement will determine whether the tenant can sublease. If the lease agreement is verbal, the parties will have a more difficult time establishing whether subleasing is permitted.
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Chapter 83 Part III of the Florida Statutes governs evictions of renters from self storage units. Parts I and Part II of Chapter 83 govern commercial and residential tenancies, respectively.
We often have clients approach us about removing occupants from residential real property after a successful bid at a mortgage foreclosure auction or tax deed sale. The process and procedure governing removing occupants after a tax deed sale or foreclosure auction is significantly different from an eviction. Eviction attorneys remove tenants from property. “Tenant” is the operative legal word. A tenant is one who rents real property from a Landlord. If you bought real estate at a tax deed sale or foreclosure auction, chances are you do not have a landlord-tenant relationship with the occupant. The correct legal theory governing the removal of such persons is known as an ejectment, not an eviction.
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One of the most effective ways to gain greater insight and understanding of Florida’s eviction laws is to learn the legal vocabulary associated with this particular field of law. What follows is a brief (but by no means exhaustive) list of vocabulary words commonly employed by eviction lawyers practicing under Florida law. Understanding the interplay between the various words and their associated legal concepts can lead to a greater understanding of Florida’s landlord/tenant laws.
Lease: A real property contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for some good or service (also known as consideration). The Tenant’s “consideration” is usually rent money while the Landlord’s “consideration” is the rental property itself. Under Florida law, a lease term can be for a fixed period of time, for life, or for a period terminable at will by the property owner. The term lease can also refer to a written instrument which memorializes a conveyance of real property and its covenants. In sum, a lease is a contract by which a rightful possession of personal property conveys the right to use that property for some agreed upon period of time in exchange for some form of consideration. To have a valid Lease, the parties need not memorialize the instrument in writing. Continue reading “An Eviction Lawyer’s Landlord/Tenant Vocabulary”