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  1. #1
    Join Date
    Aug 2014
    Location
    Panama City, Florida, United States
    Posts
    1

    Default Roommate Signed Off Lease, but Says He's Staying with "Squatters Rights"

    My question involves an eviction in the state of: Florida

    I've had a roommate that has made my home unsafe to live in. I've had five police reports filed and even tried to get a restraining order but they refused based on the fact that he lives with me. I'm stuck on the lease and he won't leave. We've finally gotten it to a point where if he doesn't leave he will be evicted, problem is he says if he removes his name from the lease to avoid eviction he will continue staying in my apartment on squatters rights. Is this possible since I'm still occupying the lease he would have relinquished his rights from, or is it trespassing? What are my options?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Roommate Signed Off Lease, but Says He's Staying with "Squatters Rights"

    He can still be evicted even if his name is off the lease.

    You would have to evict through the courts.

    It would be easy if he failed to pay rent.

    But if he's paying rent, you would have to have good cause to evict and it will take longer but, eventually, he will be forcibly removed if necessary.

    If there is domestic violence or criminal behavior involved you might be able to break the lease and move without consequences and just leave him behind.

    Read the FL landlord tenant statutes at:

    http://www.leg.state.fl.us/Statutes/...entsIndex.html

    http://www.leg.state.fl.us/Statutes/...3EChapter%2082

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Roommate Signed Off Lease, but Says He's Staying with "Squatters Rights"

    Will your landlord allow you to move into a different unit, if available, in association with his release of your roommate from the lease? If your landlord releases both of you from the old lease, and enters into a new lease with you for a different unit, you can move your stuff over and let the landlord deal with your ex-roommate if in fact he does not vacate.

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