Legal Question in Landlord & Tenant Law in Florida

evict a roommate?

My friend is under house arrest and can't be around people that abuse illegal drugs and/or alcohol. His roommate does these things, and has also not paid rent or utilities. Her name is on the lease (as well as my friend's) but her name is on all of the bills. If the electricity goes unpaid, he is in violation. What is the best way to resolve this issue without him getting into any violations?


Asked on 11/15/07, 4:29 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: evict a roommate?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The friend will have to evict the roommate just like any other tenant. First, he must provide a three day notice to pay rent or vacate. If the roommate does not pay, then he should file a complaint for eviction together with a 5 day summons in the appropriate county court for the address where he lives. If she answers, then he will have to set the case for a hearing. If not, then he can file for a default and subsequently a final judgment together with a writ of possession, if necessary.

Scott R. Jay, Esq.

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Answered on 11/15/07, 10:25 am


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