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Bunnymama92

Roommate Eviction

9 posts in this topic

Hello All,

 

I am hoping someone can assist me with finding the best route of action for my situation. About 3 months ago I signed a lease for an apartment. I let a girl and her son move in out of pitty on a month to month basis but she is not on the lease. She has had mail coming here and decided to set up her own internet service here as well. Unfortunately she is no longer working and has decided not to pay rent. I feel terrible for her son but I can not afford to support them like this.  I have tried getting her a new job as well as try and work out an agreement to pay less but she refuses to cooperate and stated that she will not leave until she is forced out. I want to bring it to the complex's attention and have her evicted. They do not require her to be on the lease. However, I think they may have a rule against people living here without applying for their background check (which she has not done) and I'm not sure they will cooperate. What can I do in this situation?

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She's your subtenant, and you'll have to evict her in accordance with your state's landlord-tenant laws.  The smart thing to do would be to hire a local attorney so that you can be sure everything is done correctly.

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The landlord is not going to do your job for you.  If you go to them with a claim that there is an unauthorized sub-tenant, their reaction, and only legal recourse, is to evict you.  They don't have a contract with the sub-tenant.  Have you tried a little monetary grease to incourage her to leave?

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2 hours ago, Bunnymama92 said:

What can I do in this situation?

 

File in court to evict her under Florida's eviction laws.

 

First you have to give her notice of termination per Section 83.56:

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html

 

Then file for eviction per Section 83.59:

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html

 

Hire a lawyer if all that is too much for you to handle.

 

Or, as has been suggested, offer money to get her to leave. Just make sure you get a signed agreement and that she's out the door with all her stuff and surrenders the keys before you hand over the money. And pay by check or money order so you have a record of payment.

 

I suspect that this deadbeat has done this before and knows the ropes. Where did you find her, on a street corner?

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Thank you for your answers. This helps a ton! I provided her a notice to be out in 15 days and she wrote me a letter demanding that she gets her deposit (which she never paid). I'm assuming she will have to try to fight that in court. She has left the property and claims she will be returning in a week with a uhaul to get everything. 

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15 hours ago, Bunnymama92 said:

She has left the property

 

You're not out of the woods yet.

 

Did she surrender the keys?

 

15 hours ago, Bunnymama92 said:

claims she will be returning in a week with a uhaul to get everything. 

 

What is "everything?"

 

 

 

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12 hours ago, adjusterjack said:

 

You're not out of the woods yet.

 

Did she surrender the keys?

 

 

What is "everything?"

 

 

 

She has not surrendered the keys. The letter states to stay out of her room and bathroom, that she has video proof of how her belongings are arranged, and that she will be returning in a week with a uhaul for her furniture and belongings. She has her bedroom furniture, tv, clothing, a ton of toys, and felt it was necessary to separate her food in the kitchen from mine instead of bringing it with her.  

 

I was going to wait the week out to see if she returns and to get the keys. I'm assuming she is broke and needs to go gather some money to pay for her uhaul and find somewhere else to live. 

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4 hours ago, RetiredinVA said:

Change the locks.

 Can I legally do this since the laws here state that I must give her 15 days? Does her letter count as her surrendering? I was under the impression that I have to give her an opportunity to claim her things before changing locks.

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