Evicting a roommate who is on the lease

[Michelle1975]

What is the name of your state (only U.S. law)? Florida

Hi, I have a two part question:
1. My ex boyfriend and I are renting a house, we are both on the lease. He is not paying any bills or rent and I want him to move out, but he refuses. Is there any way to have him evicted without getting evicted or breaking the lease myself?

2. I have a deadbolt on my bedroom door and I have told the ex boyfriend not to go in the room. He broke into the room and stole an expensive tv. I filed a police report and they told me that because we used to be a couple and live as a "family" that this guy has a right to lay claim on the tv that I bought. They also said he could claim half of everything that is in my house and that if we could not agree on who owns what, we would have to go to small claims court. We are not married, so I didn't think that sounded right. What are my options with this situation?What is the name of your state (only U.S. law)?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Florida

Hi, I have a two part question:
1. My ex boyfriend and I are renting a house, we are both on the lease. He is not paying any bills or rent and I want him to move out, but he refuses. Is there any way to have him evicted without getting evicted or breaking the lease myself?

no. everyone has to agree to let him out, free and clear. LL cannot just evict just one of you. well he can, but he wont.

2. I have a deadbolt on my bedroom door and I have told the ex boyfriend not to go in the room. He broke into the room and stole an expensive tv. I filed a police report and they told me that because we used to be a couple and live as a "family" that this guy has a right to lay claim on the tv that I bought. They also said he could claim half of everything that is in my house and that if we could not agree on who owns what, we would have to go to small claims court. We are not married, so I didn't think that sounded right. What are my options with this situation?What is the name of your state (only U.S. law)?

remove your valuables until you can move at the end of the lease. at that time, you can tally what he owes for his portion of the rent utilities, and stoled / destroyed property.

I don't suggest you buy any food to keep at the house either.

 

[Patse3839]

1. you can have him removed from the lease very simply; contact the LL and state the problem in a calm collected manner, explain that you can afford the rent entire since you have been paying it all; and that you request a new lease
2. the police are wrong; if he broke into your room and there was damage on the door and lock they must file a report; just because you 'were' together at one time doesn't mean someone that 'used-to-be' your BF ccan just take your things.
also; you should get an order of protection if he even breaths funny.

addendum to 1.; you can file papers yourself to get him out if the LL doesn't want to change the lease.
it's a 'Pay or Quit' notice - it would give him 5 days to pay you his portion of the rent or you will file eviction papers through the courts.

 

[Banned_Princess]

1. you can have him removed from the lease very simply; contact the LL and state the problem in a calm collected manner, explain that you can afford the rent entire since you have been paying it all; and that you request a new lease
2. the police are wrong; if he broke into your room and there was damage on the door and lock they must file a report; just because you 'were' together at one time doesn't mean someone that 'used-to-be' your BF ccan just take your things.
also; you should get an order of protection if he even breaths funny.

addendum to 1.; you can file papers yourself to get him out if the LL doesn't want to change the lease.
it's a 'Pay or Quit' notice - it would give him 5 days to pay you his portion of the rent or you will file eviction papers through the courts.

WHAT??? NO!!! All completely wrong. so wrong, if I find another blatantly false post from you, I'm going to report them all.

 

[FarmerJ]

OP your local PD has made a mistake, ( up to you to verify that this law has not changed) Florida Statute 741.211 provides, "[n]o common-law marriage entered into after January 1, 1968, shall be valid". What you can do is to negotiate with him and LL to be let of out lease , Go back to local PD and insist on filing a theft report , If they try to tell you the same crap again tell them You are not married to the other person, you expect them to allow you to file the report unless they want you to use a local TV consumer affairs desk to assist you. so you know the LL doesnt have to cooperate. If by chance the ex bf truly acts in a way that meets your states definition of domestic violence and your able to get a restraining order then speak to a legal aide clinic /help clinic or a atty from the links above about representing you to contact ex bf on your behalf asking him to sign a release from the lease with you to be given to the LL so you are not violating the restraining order by doing it your self.

 

[Banned_Princess]

See? thats accurate.

thank you Farmer J for your continued wisdom.

 

[FarmerJ]

banned princess I found here in my state once on the web it said somewhere , common law marriage ended up here in 1941 due to availability of modern transportation methods at the time our legislators decided to end the practice. if one digs hard enough its not hard to find other states end dates for it too. OP I dont care what that cop told you about ex bf being your famlily and giving you the impression there is nothing you can do about it See my take on it is in your state he has no legal relationship with you other than roomate and thats all. so if at the worst you end up in a domestic violence situation and he is removed via restraining order from the residence but still on the lease find a atty to talk with about assisting you if its possible to have atty contact him via written notice with out it violating the restraining order. other wise who knows maybe you will get lucky and he will stay the heck away and you can finish the lease with out him.

 

[Who's Liable?]

1. you can have him removed from the lease very simply; contact the LL and state the problem in a calm collected manner, explain that you can afford the rent entire since you have been paying it all; and that you request a new lease
2. the police are wrong; if he broke into your room and there was damage on the door and lock they must file a report; just because you 'were' together at one time doesn't mean someone that 'used-to-be' your BF ccan just take your things.
also; you should get an order of protection if he even breaths funny.

addendum to 1.; you can file papers yourself to get him out if the LL doesn't want to change the lease.
it's a 'Pay or Quit' notice - it would give him 5 days to pay you his portion of the rent or you will file eviction papers through the courts.

This is completely INCORRECT on EVERY topic.