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  1. #1
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    Aug 2009
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    Default Roommate/Ex Girlfriend - No Lease, No Verbal Agreement, No Rent Paid

    My question involves a roommate in the State of: Florida

    My girlfriend has been living with me for 5 months, in a condominium that I own. We broke up recently and I have asked her to leave repeatedly. She will not. There is no agreement to term or duration, she pays no rent or utilities, she is simply a guest in my home. Can I remove her or have her removed?

    I have looked at the Florida statutes for landlord/tenant law, and everything regarding term and notice for eviction revolves around the period for which rent is paid - yearly, monthly, or weekly. In this situation, no rent is paid at all, ever, and never has been. In my mind, this is a "daily" tenant.

    If I were to simply pack up her things, put them in the hallway, and change the locks...what trouble could I get into?

    Thanks

  2. #2
    Join Date
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    Toledo, OH
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    Default Re: Roommate/Ex Girlfriend - No Lease, No Verbal Agreement, No Rent Paid

    You may not self-evict in any state, regardless of whether "in your mind", you think she's a daily tenant. You may end up in court, fined, and STILL have your ex girlfriend living there.

    You need to give her a three day WRITTEN notice to leave, then you need to initiate formal eviction proceedings.

  3. #3
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    Default Re: Roommate/Ex Girlfriend - No Lease, No Verbal Agreement, No Rent Paid

    Quote Quoting LawResearcherMissy
    View Post
    You may not self-evict in any state, regardless of whether "in your mind", you think she's a daily tenant. You may end up in court, fined, and STILL have your ex girlfriend living there.

    You need to give her a three day WRITTEN notice to leave, then you need to initiate formal eviction proceedings.
    thanks for your quick reply.

    what about having the police remove her as a trespasser? I was told by an attorney that as soon as you ask someone to leave your home, if they do not they are trespassing (barring any written agreement). is this correct?

    also, you say I may not self evict. what is the penalty for doing so?

    OK, sorry, last question. Looking at the 3-day notice, it includes demand for payment. However, I am not demanding payment. I am demanding she leave. How should I modify the notice to reflect this?

  4. #4
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    Aug 2009
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    Default Re: Roommate/Ex Girlfriend - No Lease, No Verbal Agreement, No Rent Paid

    I don't know how it works in Florida but up here, once someone stays at your place for more than seven consecutive nights then they're legally living there no matter what agreement was made. Meaning you have to give them a 30 day notice...

    This varies state to state so may not be the case in Florida but seems to be the case in the states I have lived in.

  5. #5
    Join Date
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    Toledo, OH
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    Default Re: Roommate/Ex Girlfriend - No Lease, No Verbal Agreement, No Rent Paid

    what about having the police remove her as a trespasser? I was told by an attorney that as soon as you ask someone to leave your home, if they do not they are trespassing (barring any written agreement). is this correct?
    Only if she had been a guest - someone you had over for dinner or somesuch who decided to get rowdy. She LIVES there, gets mail there. She's a resident, and those have be be formally evicted.

    also, you say I may not self evict. what is the penalty for doing so?
    Fines, court costs, her attorney fees, and expenses incurred by your putting her out illegally. And you can't get her out of your home! If you want her out, you have to do it the proper way, or the eviction won't stick.

    OK, sorry, last question. Looking at the 3-day notice, it includes demand for payment. However, I am not demanding payment. I am demanding she leave. How should I modify the notice to reflect this?
    Modify it to reflect that you are demanding full possession of the premises.

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