Legal Question in Landlord & Tenant Law in Florida

Roommate abandonment

My roommate and I signed a 12 month lease about 3 months ago. We had a verbal agreement between ourselves that the rent would be split 50/50.

About 6 weeks into our lease he informed me he was up and moving to another state the following week.

He left his keys on the counter the next week and I have not heard from him since - no money for rent, utilities, etc.

I am fine financially so that is not the issue- but I would like to have his name removed from the lease as he basically abandoned the apartment. The landlord says I can't remove him without his signature! I have no means to contact him - his phone is now shut off- and I would like to be able to get his name off the lease. The thought of him reappearing in a month and getting the keys back from the office or something like that is frightening. Do I have any remedy in this situation? Can a tenant evict another tenant?


Asked on 12/21/08, 6:04 pm

1 Answer from Attorneys
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: Roommate abandonment

Your Landlord is incorrect. If your lease provides that the tenant cannot abandon the property, then your roommate would appear to have defaulted under the lease. As long as your landlord sends the proper written notice (whatever is provided in your lease) your Landlord may terminate the lease with regards to the roommate, thereby removing his name so he would have no future rights under the lease.

If your Landlord is not willing to go through the hassle, not sure whether it would be worth it for you to pursue any further. If you roommate ever did come back, you's have a claim against him for the 1/2 rent he owes you from the time he left. He'd be foolish to ever return.

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Answered on 12/24/08, 11:58 pm


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