How to get rid of a roommate. Determine if They’re a Guest, Roommate, or Tenant
If you want to unload a roommate that isn’t holding up their end of the bargain you started your lease with there is one main test to determine your options. Are they on the lease? If they are not on the lease as tenants, are they listed as a resident? An Oral agreement doesn’t have much power.
Do I have the legal power to evict my roommate?
No. A landlord or their agent are the only ones that are allowed to file for eviction.
83.59 Right of action for possession.—
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.
Remove A Roommate Legally – work with your landlord to evict a roommate
- Post the proper notice. Delivering a landlord filed Eviction Notice. The delivery of the written notices required by subsections shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections may not be waived in the lease.
- File a suit for eviction if the person has broken the terms of the lease
- Ask them to leave if they are not on the lease. Contact the authorities if they do not have a legal reason to be on the property.
- Work with your landlord to go through the eviction process for your lease. If there are reasons to void your lease go ahead and terminate your lease. Your landlord may create a new lease with you as the sole tenant.
If you and your roommate are both on a lease, you cannot evict your roommate. Your legal rights do include:
- Asking nicely or offering compensation to go toward another apartment. Creative thinking and negotiation will be necessary.
- Contacting Law Enforcement. If they are threatening you, you can file a restraining order and have them removed.
- You can sue them for damages in a small claims court proceeding.
Legal Options for Tenant Eviction. Starting an Eviction Complaint.
How do I file eviction papers in Florida?
If you are not experienced in this process, you can visit your local county clerk. When you are there someone will direct you to the proper place to start the process. The Florida law process requires:
- Notify the tenant of declaring the broken lease and intent to evict.
- Filing for proper service of the notice to vacate. This includes physically posting notice of your intent to pursue eviction proceedings.
- Providing a copy of your rental agreement and the proper fees.
- Attend the eviction proceeding.
Nonpayment of Rent
The refusal of the tenant to pay rent is the easiest criterion to legally evict. Procedures are in place for this scenario.
The landlord must serve the tenant a written notice allowing three days, excluding weekends and legal holidays, for the payment of the rent or vacating of the premises. If the tenant does not pay the rent or vacate the rental unit, the landlord may begin legal action to evict. If they pay the full amount (do not accept partial payments), you must accept the payment and continue with the lease.
You must file suit in the county court, and they will send a notification by summons. The offending tenant must meet the requirements outlined in the summons within the cited time frame. Failure to meet these requirements may result in a judgment against you. The court will issue a Writ of Possession to the Sheriff who will notify you that eviction will take place in 24 hours.
Florida requires that the roommate receive at least three days’ notice to find a new place to live and move out if the roommate has not paid rent. At the eviction hearing, judges make the process cut and dry using the criteria of whether they’ve been paying rent or not.
Evicting a Tenant in Florida With a 7-Day Notice
A landlord must notify a tenant in writing of any perceived noncompliance except for the failure to pay rent.
- The tenant has seven days to correct the condition causing noncompliance If comply after seven days, the landlord can begin the process.
- For conditions that cannot be corrected (i.e., destruction, damage, intentional misuse, or continued unreasonable disturbance), the tenant has seven days’ notice to surrender the rental unit. The law states:
“You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.”
Be sure to obtain legal advice for any legal actions you intend to make. Reading the actually civil laws also helps you understand your rights and the tenant’s rights.
If he or she has broken some other part of the sublease, they must receive 15 days written notice to get out.
General Landlord-Tenant Laws
Landlord – Tenant laws in Florida law have similarities to other states in the nation.
No matter how obnoxious a roommate is, there are things that the state of Florida says cannot be legally done to make him or her vacate the home.
Do not violate the tenant’s rights. You could break criminal laws.
- Don’t threaten the person.
- You cannot change the locks.
- Do not turn off any utilities.
- You mustn’t remove any of the tenant’s personal belonging.
Eviction Court Hearings
Court hearings are regular happenings. They have a system in place to expedite the eviction process. Provide the proper paperwork (especially your rental agreement) and fees, show up when they tell you to, and speak when you are spoken to and you will be given all the rights that the law entitles you to. If you are unorganized and disrespect people’s time, you might get different results.
If the Court Rules in Your Favor
When you are successful in the eviction suit, you will be given possession. If the tenant refuses to move, a court appointed representative will schedule a site visit for you to physically and legally remove the previous tenant’s belongings. This is usually a sheriff’s deputy. They will maintain order and safety.
Conclusion
If you want or need to evict a roommate, you need to understand your lease. If your roommate has legal rights you must be creative and negotiate with your landlord for a possible court hearing and eviction process. If this isn’t possible, you must understand what your civil right are and if they will allow you to accomplish your goal. If you have no civil rights you are left to your creative problem solving skills.
