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Do i need police or court help to get my property back from a subletter?

Miami Shores, FL |

I had a lease on a house in miami, FL for 2 years. I decided to move to NY and start working out there but was not willing to bring all my big furniture yet. I sublet out the house to a man and we agreed he could use the furniture for free while he resided under the sublease. We have been in contact for the last year and a half and he informed me the house was going into foreclosure and he would not pay me rent anymore. He began "squatting". He said that months later he got a lease under the bank, Freddie Mac who bought the house. He told me the lease was up in August 2013. This was all in march when i last communicated with him. For 3 weeks now i have been contacting him via phone and email. He is not responding. A friend went by and saw all my stuff in the window. What now?

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Attorney answers 3


Yes. Florida does not permit self help eviction so any time you wish to remove someone must be done through the court and ultimately if they don't go the sheriff will remove them


Unless you have been paying rent to the primary landlord, you rights as a tenant may have been terminated by eviction or abandonment. While you may not have rights to the apartment, you can bring an action for replevin to recover your furniture. You should consult an experienced lawyer in Miami-Dade County for help in recovering your property

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


Dear "Do I need police or court help?":

Originally, you had the right to be in the property through a written or oral lease that you had with the owner of record at that time.
You no longer have that lease, as it has expired and the bank now owns the property.

The subrenter is now the tenant of the bank. You have no right to go in to get your things.
I recommend that you call the sheriff on their non-emergency line and see if they can assist.
If they won't, you'll have to file an action with the clerk of courts.

It would be best to see a local attorney to get a lawsuit started.
Good luck!