Legal Question in Real Estate Law in Florida
Lease/ Roomates
My fiance and I moved into our new rental home 2 months ago with two roommates. We want to have them evicted. My question concerns the lease. It was typed in our roommate's name, but my fiance signed it in his name and we paid the expenses to move in including the deposits and moving expenses such as renting a truck. Can we do anything to have them evicted, and if so what?
Thank you for any replies.
2 Answers from Attorneys
Re: Lease/ Roomates
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.
It sounds as if this is a convuluted mess. Generally, the tenant named on the lease would have the better rights under the lease if a dispute arose. In this case, it is anybody's guess as to how a court might rule. You may wish to agree to mediate this matter with all parties present. This could be faster and cheaper than ligitation.
Scott R. Jay, Esq.
Re: Lease/ Roomates
DISCLAIMER: This communication is not intended as and should not be interpreted as legal or professional 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.
Who exactly pays the rent to the landlord? Did the roommate(s) sign at all? A lease is a contract. Are there any provisions in the lease concerning tenants and/or eviction.
You may want to consider an amicable resolution to the matter. Eviction is a mess, especially when you currently live with the tenant.