Legal Question in Landlord & Tenant Law in Florida

My son resides in my home. He took in a room mate . Room mate was on a month to month with at least 90 verbal lease. I gave her 60 notice to get out... I am moving back to my home. extended it for an xtra week so she is to move on 2/8/10 final!. She is a drinker brings in all sorts of strangers drunk... we believe she is even using drugs. Not nice.. just want her out. In January she paid me and said this is good til i move... when I left I realized I was short the $150.00 I calle dher and said?

she said well with the 300.00 and add the security dep whhich was 150.00 that makes a month til I leave?? I said that is not ususal but, ok.. This way she can get the money together she said.

She has violated twice that I told her. My son does not feel comfortable with you and your friends drunk please keep it out of the house. She is gone days at a time. sometimes loosing key and we even think her drunk boyfriend has a key now and he doesnot live there! I posted a notice for my son on her room door stating Please you have less than two weeks left here keep the drunk friends out and as agreed I gave her a 60 day notice on Dec. 9th that she had to move!!! She called and left me a message that being I gave her that letter now she is not moving I will have to evict her???

I gave her 60 days.... felt bad for her and now this... she is just a room mate Can't I call a sheriff on the 8th if she refuses to move and is abusive??


Asked on 1/26/10, 5:53 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You will have to properly evict her. To terminate a month to month tenancy, you were only required to give the tenant 15 days notice.

Section 83.56(2)(a), F.S. Under certain circumstances, if a tenant exhibits a lack of consideration for the rights and privacy of others, a landlord has the right to require the tenant to move with very little notice. In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give the tenant an opportunity to remedy the problem and may terminate tenancy by giving the tenant a seven-day written notice.

Again, you will have to properly evict the tenant if she refuses to leave. The police will not come and remove her until the court has ordered the sheriff's department to remove her. Forms and instructions for eviction may be located either at the clerk of court website for your county or at the county courthouse. You can find some additional information on Florida LL-T law at http://www.800helpfla.com/landlord_text.html.

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Answered on 2/01/10, 2:03 pm


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