"Landlord" charging $50 each time tenant brings guest over - help! (Miami: subletting, apartment)

[amnesiatic]

Posting this to help a friend out. He is visiting Miami Beach temporarily on a visa and will be leaving early June. I stopped by to visit for a few minutes yesterday and she arrived about a minute later, was upset that she wasn't informed he was bringing a guest over, and took him aside to tell him that she would remove $50 from his deposit. Additionally, when I came to drop him off later on that day, she wanted to charge an additional $50 for that second time too.

I'm born and raised in Miami Beach and this sounds highly illegal.

1. She lives in the same apartment and has her own bedroom.
2. We don't think she has a renting permit.
3.. She is renting out the extra 2 rooms in her unit as well as the living room - each for $700.
4. It is likely that she does not even own the unit, so she is effectively subletting the apartment she is renting and living in.
5. These are all short-term rentals for tourists/visitors, so everything is paid under the carpet, so to say. My friend just paid the rent for this month and there is no documentation of it OR the deposit. That was his screw-up.

The idea of charging $50 to let a guest sleep over is outlandish, let alone just for a 5 minute visit AND a second time for another visit in one day! So for the remainder of his stay, he'd like to find another place that won't be so strict about visitors.

The ideal solution would be that she returns the FULL deposit to him and he leaves halfway through the month and gets half of the month's rent returned to him. We don't want to get her in trouble or ruin her life, just maybe give her a gentle "heads-up" that we know she could get in trouble if the city finds out, so please meet us halfway to get out of this uncomfortable situation.

Question to you guys is: how illegal is this? Is this something we can use to leverage out an agreement?

[reenzz]

It is legal if that is what was agreed to in the lease.

[pierrekid]

Originally Posted by amnesiatic

Posting this to help a friend out. He is visiting Miami Beach temporarily on a visa and will be leaving early June. I stopped by to visit for a few minutes yesterday and she arrived about a minute later, was upset that she wasn't informed he was bringing a guest over, and took him aside to tell him that she would remove $50 from his deposit. Additionally, when I came to drop him off later on that day, she wanted to charge an additional $50 for that second time too.

I'm born and raised in Miami Beach and this sounds highly illegal.

1. She lives in the same apartment and has her own bedroom.
2. We don't think she has a renting permit.
3.. She is renting out the extra 2 rooms in her unit as well as the living room - each for $700.
4. It is likely that she does not even own the unit, so she is effectively subletting the apartment she is renting and living in.
5. These are all short-term rentals for tourists/visitors, so everything is paid under the carpet, so to say. My friend just paid the rent for this month and there is no documentation of it OR the deposit. That was his screw-up.

The idea of charging $50 to let a guest sleep over is outlandish, let alone just for a 5 minute visit AND a second time for another visit in one day! So for the remainder of his stay, he'd like to find another place that won't be so strict about visitors.

The ideal solution would be that she returns the FULL deposit to him and he leaves halfway through the month and gets half of the month's rent returned to him. We don't want to get her in trouble or ruin her life, just maybe give her a gentle "heads-up" that we know she could get in trouble if the city finds out, so please meet us halfway to get out of this uncomfortable situation.

Question to you guys is: how illegal is this? Is this something we can use to leverage out an agreement?

I agree it sounds very illegal. But easy fix. Just tell her you will contact the landlord to demand the deposit back. More than likely that will scare her because she is most likely subleasing illegally. If she does not back off and continues to charge you, collect mail that has been addressed to you and notate the date. Put copies of the mail in a box with a letter addressed to the landlord stating you have resided in the residence for (x) amount of time and will be demanding your deposit back or lawyers will get involved. Tell the roommate you will mail it first thing in the morning if the deposit is not returned. She has much more to lose since you are technically not under contract. So if the landlord decides to take legal action she is liable, not you. Just my 2 cents.

[oronzous]

Originally Posted by amnesiatic

4. It is likely that she does not even own the unit, so she is effectively subletting the apartment she is renting and living in.

You can get the owner's name, as well as his mailing address, with an online property search:
Property Search Landing Page - Miami-Dade County

[himain]

Tell her you're going to call Miami Beach Code Department and Immigrations. She'll stop. What she's doing is illegal.

[StarfishKey]

Your friend is likely renting the apartment illegally, and may be violating a law regarding the number of occupants. Sorry, but it is their own fault for choosing purposely to rent a place without signing a lease. What did they think they were going to get - a person who cared about following the law?

You can certainly threaten away, and see what it gets you. If there is no lease, your friend is not legally obligated to pay a dime, not now, not ever. BUT, things can get ugly and violent when you make people angry who don't care about following the law in the first place. I would think your friend should move out immediately and rent a legal place with a lease, lesson learned. But if he really wants to fight it, there are plenty of ways to fight, like involving the police or the courts, or the actual landlord (assuming you even have the real information as to who that legally is).

It's sort of funny though that your friend is concerned about this person violating the law when she is charging money for visitors, but your friend never cared about who was violating the law when he chose to rent a place illegally and knowingly may have been hurting a landlord who didn't even know he exists, much less give him permission to live there. I guess people only care about themselves. Anyway, if now suddenly your friend wants people to follow the law, then get the law involved. Probably, he will suddenly be out of a place to stay, but he may also get his money back.

Here's the thing though - if there was no receipt, no check, and everything was paid in cash... good luck proving any money was paid in the first place! That's why you get a lease and follow the law, for your own protection! I hope your friend learns to do things right for the next time. It's pretty dumb to give money to someone you know has no right to rent the apartment to you.

[pslhomie]

So stop paying rent and then just move out. You get your money back that way.

[CSD610]

Originally Posted by amnesiatic

Posting this to help a friend out. He is visiting Miami Beach temporarily on a visa and will be leaving early June. I stopped by to visit for a few minutes yesterday and she arrived about a minute later, was upset that she wasn't informed he was bringing a guest over, and took him aside to tell him that she would remove $50 from his deposit. Additionally, when I came to drop him off later on that day, she wanted to charge an additional $50 for that second time too.

I'm born and raised in Miami Beach and this sounds highly illegal.

1. She lives in the same apartment and has her own bedroom.
2. We don't think she has a renting permit.
3.. She is renting out the extra 2 rooms in her unit as well as the living room - each for $700.
4. It is likely that she does not even own the unit, so she is effectively subletting the apartment she is renting and living in.
5. These are all short-term rentals for tourists/visitors, so everything is paid under the carpet, so to say. My friend just paid the rent for this month and there is no documentation of it OR the deposit. That was his screw-up.

The idea of charging $50 to let a guest sleep over is outlandish, let alone just for a 5 minute visit AND a second time for another visit in one day! So for the remainder of his stay, he'd like to find another place that won't be so strict about visitors.

The ideal solution would be that she returns the FULL deposit to him and he leaves halfway through the month and gets half of the month's rent returned to him. We don't want to get her in trouble or ruin her life, just maybe give her a gentle "heads-up" that we know she could get in trouble if the city finds out, so please meet us halfway to get out of this uncomfortable situation.

Question to you guys is: how illegal is this? Is this something we can use to leverage out an agreement?

It may be cheaper to rent a long term hotel type place that is legal.
Is there really anything your friend can do legally to get their money back since they are more than likely renting illegally and has no documentation to prove he even gave her any money at all?

[FlyMIA]

Sounds really fishy. Is there a lease? If it says it in the lease than nothing you can do about it. If it is not in the lease than yes it is

Whole situation sounds really odd though, does not seem like anyone is doing what they are supposed to be doing. This is what happens when you rent in odd situations like this.

[somebodymiami]

unless its in a lease in fine print saying the landlord can charge 50$ per visit then no it is illegal... if there is no lease.. then no the person cant do ****... i would advise your friend to challenge the charge or move out. *** being nice.. if someone wants to be an ass be an ass back.. i wouldnt be nice or give a heads up to the **** head of a person charging your friend..