Legal Question in Landlord & Tenant Law in Florida

Here is my story, My parents are paying a mortgage on a house in florida, i was living with them, and they decided to move to NC to take care of her mother. The house is still in her name, the utilities are still in her name. She told me i could stay if i payed the rent, all i had to do was deposit the money into her bank account so she could pay it. I have 2 roommates living her with me along with my fiance. I want them to leave for several reasons. One has not payed his portion of the rent in a month or so, and the other one we clash heads to often and I'm trying to keep it civil. My fiance has since become scared of one and to dislike the other one as well. I have asked the one that i do not get along with to leave, he claims to be looking for a place, and that he will leave when he finds one. But i think that it will take to long, and he continues to instigate things to have me start something so he can tell me to evict him. There is no lease agreement, nothing but a verbal agreement to pay 1/3 of the rent(for their room) and 1/3 of the utilities.

What can i do get them out?

Thanks in advanced


Asked on 4/20/10, 10:02 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

you have to evict them. Send them a certified letter return receipt requested. Give them 5 days to pay the rent or leave or you will start eviction proceedings in the court. Then do it.The paperwork is fairly simple, just go to the court house and tell the clerk what you want to do and they will give you the form to file.

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Answered on 4/26/10, 5:56 am
Lesly Longa Longa Law P.A.

You do not have to have these people living with you if you do not want to. If there is no written lease and they pay you monthly, you can evict the one paying rent to you by giving him 15 days written notice before the rent is due (rules vary on the amount of notice for the type of tenancy - month to month is 15 days, etc.). Send notice by certified letter with return receipt. You aren't evicting him; you are basically just ending his tenancy. The one who hasn't paid rent can be given a notice to pay or leave, and if he doesn't do either you can evict him and go after him for past due rent. If he happens to pay, you can still terminate his tenancy if you want him to move out. Check your local court's website for eviction forms for failure to pay rent. There is also free information on landlord-tenant law available at http://www.800helpfla.com/landlord_text.html. Check out that information and then feel free to call me if I can be of additional assistance. Regards,

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Answered on 4/27/10, 10:24 am


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