Roommate Refuses to Leave

[stuckinfl]

My question involves an eviction in the state of: Florida

My boyfriend had his friend move into our apartment. My boyfriend and I are both on the lease, the friend is not. My boyfriend does not live in the apartment anymore and I want to roommate to move out. Before my boyfriend moved out, we had asked him to leave a few times and he refused to and would tell us he didn't have to leave or we had to give him 3 months notice. Because it's just me living alone with this guy and he is very unreasonable (not to mention a filthy slob who never pays what he's supposed to for rent) I have not felt comfortable confronting him about moving out again. Instead, I went to my leasing office and informed them of the situation. They said because he's not listed on my lease they can serve him a 7 day notice basically saying that I'm not complying with my lease and he needs to leave or else I get evicted. Either way the guy ends up homeless. This really seems to be my only option so I've gone ahead with the notice which he should be receiving in a matter of days.
My question is what if he ignores the 7 day notice and does not leave my apartment? I'm taking the risk doing the notice because I do not want him here any longer but it seems like he has just as much right to my apartment as I do even though he does not have his name on the lease. We never made any kind of agreement, verbal or written. It was never discussed how long he was allowed to stay for. This is my apartment, I pay over 2/3 of the rent and all utilities. He has ruined my carpets and tiling in the bathroom, which I will be responsible for on move out day. What can I do if he does not leave? Can I call the police? Can I put his stuff out in the parking lot and change the locks? If he doesn't have any possessions in the apartment and the locks are changed, he can't get in and the leasing office can't let him in because he's not on my lease? Either way this guy has to go and I do not want to be evicted because of this leech that was left by my boyfriend.

[jk]

Your notice is not adequate. You need to follow the laws regarding evictions. That starts with a notice (i'll have to check the time period). Then, if he does not leave after that notice, you file for an eviction through the courts. Then, you will have a hearing and presumably you will get a writ of possession (or some similar order). Then, after some period of time, if he has still not left, you have the Sheriff physically remove him.

as to damages he cause: you can sue him for those damages. Of course you would still have to collect on that judgment.

[stuckinfl]

Its not me giving hin the 7 days, its my leasing company because hes not listed on my lease. so he has 7 days to leave my apartment because he's not on my Lear and is not supposed to live here. And I've tried giving him 30 days or more and he just laughs like I can't do anything to make him leave. My leasing company is the closet I can come to making him leave and if he doesn't leave after the 7 days I will be evicted for violating my lease for having an unauthorized person in my apartment. So even though I want him to leave I can lose my apartment and end up with an eviction because this guy who has never been on my lease won't go.

[jk]

sorry but your issue with the leasing company does not remove the requirement of you to abide by the laws of FLorida in removing a tenant of yours. If he doesn't leave willingly in that 7 days, there is absolutely nothing you can do legally to remove him.


and your leasing company has no right to give him a notice of anything. He does not have a contract with them, you do. The only entity they can give a notice with the threat of eviction is you. He is your tenant so you have to terminate his tenancy and evict him, if necessary.

So, I suggest you speak to your leasing company and tell them the law does not allow you to have him removed within 7 days. Maybe they will accept that and not terminate your lease if you show them you are actually taking the legal steps to have the guy removed. So far it appears you didn't really do anything to get him out other than telling him to leave.

Maybe they are tired of him being there and it has become obvious to them that you really are not taking the steps available to you to actually make him leave.


You can do one of a couple things:

since you say he isn't paying anything (presuming there was an actual agreement he pays something) you can give him a 3 day pay or quit notice. If he does not pay ALL the money due or leave, you can then begin eviction proceedings. The problem; if he pays you, he gets to stay until you terminate his tenancy. Here are the timelines for notices for terminating a tenancy:

83.57 Termination of tenancy without specific term.--A tenancy without a specific duration, as defined in s. 83.46(2) or
(3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly
period;
(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly
period; and
(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
History.--s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.

typically, if there was no other agreement, a tenancy is usually considered to be a month to month tenancy. That means you have to give him at least 15 days notice prior to the end of any monthly period. If he does not leave at the end of the time allowed in the notice, you can start eviction proceedings.

[stuckinfl]

I guess then my question is what steps legally can I take to get him out. I've asked him and told him he has 30 days to find another place to live and he doesn't listen, he thinks (or maybe knows) I can't do anything to physically get him out. We have a verbal agreement of an amount he is to pay me on the 5th of every month but I never said he could stay for x number of months. So I can tell him he has 15 days to get out and that's legal? What am I supposed to do when the 15 days comes and goes and he's still here. Short of getting a sheriff here to escort him out of my property, I don't see this guy going anywhere and now my butt is on the line and I'm in jeopardy of being homeless.

[jk]

he thinks (or maybe knows) I can't do anything to physically get him out.

that is where he is wrong. You can evict him and have him walked to the curb by the Sheriff.

You have to be strong enough to take the actions though. Do not listen to him whine or complain or say you can't do it. Just ignore it.

so, is he delinquent in his rent? If so, if you give a 3 day notice to pay or quit do you think he will come up with the money?

If you think he will pay, deliver to him a notice to terminate the tenancy effective 09/30/2012. If he is there when you wake up Oct 1, go and file for an eviction.

If you don't think he will pay, the give him the 3 day notice. If he does not pay ALL of what he owes you, you can file for an eviction.

The notice must be in writing.

Hand deliver a copy of whatever notice you are using. Also send one certified mail, return receipt requested. Yes, it will be going to your house but that is for the purpose of legal proof.

So, you either get a backbone and boot the guy to the curb or it would appear you too will be looking for a new place to live.

[stuckinfl]

Thank you for your help. You've answered a lot of my questions that I've been getting different answers on.