About a year ago, I signed a lease for an apartment along with my room mate. Because of work, I haven't been staying there for the past two months and I recently found out that my room mate has brought another person into my room and has been charging him to live there. If I were to inform my landlord of this, would I have to face a penalty?
It depends what your lease says. You and your roommate jointly signed a lease meaning any violation of one is that of the others (jointly). So it is possible the landlord will just remove everyone via eviction for breach of the lease; as again roommate's breach is your breach.
WE WILL NOT AND CANNOT GIVE FURTHER FREE LEGAL ADVICE AND WILL REFER YOU TO LEGAL AID IF YOU CANNOT AFFORD A LAWYER. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
Perhaps; it depends to some extent on the terms of your lease (which we can't review here, of course). your problem is, for most acts concerning the lease premises, the LL will likely view you and your roommate as sort of a "team." and the breach of the Lease terms by one tenant, is thus by definition, a breach by all tenants. Your better remedy here is to avoid involving your LL, and to speak with your roommate about getting that person OUT of your room.
Hope that helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
Yes, you would likely face eviction also - Do you REALLY expect anyone to believe the that you had no idea about the room mate "subletting" the room? Unless you were paying your half of the rent to the old room mate (which I'll take a flyer and guess you haven't been) this is typically the old roommates attempt to cover your half of the rent. If the old room mate is "double dipping" the rent and you are "moving back in" so to speak but can't because there is now a sub-tenant in your bed, you would likely need to retain a tenant/renters lawyer (at some expense) to intervene and try and get this situation fixed without the LL involvement to avoid and conflict there. This is a sticky wicket and I suspect there is much more to this story from the other side to explain how all this REALLY occurred.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline