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Owner-occupied home renting out room

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FLbird1

Junior Member
What is the name of your state? FL

Long story - sorry

I own a 2br 2.5ba townhouse. I have rented out the other bedroom with its private bath. Things have gone south because the renter doesn't feel that I have the right to ask that her boyfriend not stay the night at the house so much - I talked to her about the noise they were making and the fact that he was staying the night too much (5 nights within a 7 night timeframe). After a second warning about the problem she flew off the handle, yelling, throwing a fit and during this fit said "Fine, I'll be out by the end of the month - consider this my notice!"

I let a few days go by - even let her know that if she could just compromise and cut back to having the boyfriend over 3nights or less it would be fine. Asked her, after those few days, what she had decided and she said she was moving out. I asked when her last day would be and she said "well I won't know that until I find a new place"

So, the week goes by - (from date of "notice" it was a full 7days) and I ask again how her search is going - no answer.

Soooo, trying to wrap this up, I drafted a letter letting her know that I had accepted her "notice of intent to vacate" and that I expected her to be out by the end of the month. I also included that if she wanted to change her last day, she had three days to let me know (that would coincide with being two weeks exactly before the first of the next month). Well, the time has gone by (yesterday) - no change in notice.

So, I can expect her to be out by the end of the month right? What do I do if she doesn't leave? As both the owner and the other occupant what rights do I have to get her out on time? I've been trying to look this up and can't seem to get a straight answer about whether or not I have to follow the same protocol as a regular landlord/tenant relationship would.

We share a common entrance, kitchen, and the downstairs half bathroom - she has her own room and full bathroom (as do I). Thanks in advance for your responses!
 


FLbird1

Junior Member
Yes, we signed a "roommate agreement." It has no end date - basically it is a month to month - the lease states that she must give 15 days notice before moving out (which she did if I take her notice from the first time she said something).
 

ecmst12

Senior Member
You can't give her less then 15 days from the time you gave her the written notice. If she is not out in that timeframe, you can file for eviction through the courts.
 

Confuzed80

Junior Member
Umm technically her notice should have been in writing so both of u would have had a documented date and such. And to get even more technical, she has to send her notice to u via 1st class mail and then her notice starts 15 days after that. I only know this cuz Im dealing with a complete horror of a person as a landlord who is evicting me with 13 days notice for honestly no reason. So I have had to learn my rights real quick, by doin that I came across a few of "urs"... hope I helped a little.....
 

Confuzed80

Junior Member
Im sorry, I responded prematurely or I read Ur question wrong. I thought u were upset that she was leaving without giving u enuf notice.
So for ur real question u can have a cop come to the house before that date and make sure she is there too. Infront of the cop make sure u say she gave her notice to leave and her move out date is such and such. The cops will have that on file and if she refuseo vacate ur premises that day u can call them and they will have it on file thatechnically be tresspassing after or upon that date. Otherwise ur goin to have to file the appropriate forms with the courts and she might be able to sqeeze sum extra time outta ya. If u wanna cover all ur basis then go down on monday and fill out that form for terminating ur rental aggreement that isnt due to non payment or anything else. She will legally have to leave cuz a month to month lease with no certain time can be terminated by the landlord at any time for no reason all that has to be done is the legal 30 day notice. In ur case u signed for 1 5
 

MIRAKALES

Senior Member
Love it when tenant knows the basis in law! The only comment to add to the above is that LL should issue the requisite fifteen (15) day written notice via certified mail before the next monthly rental period, with a certain move-out date (being on or before May 15, 2008), to confirm official written notice as will be required in a court of law. It will also be effective to advise tenant to restore the premises to the original clean and undamaged conditions prior to move-out.
 

FLbird1

Junior Member
Thanks for all replies - luckily things have improved and I don't think I will need to go through an eviction process. It's nice to know what I would need to do in case though. I think I'll get a lawyer to look over my lease so that I'm on more solid ground for the next tenant.
 

las365

Senior Member
When you talk to the attorney, see about doing a supplement to the current lease that has provisions regarding the permissible frequency and duration of overnight guests, the use of the common areas, and whatever other issues have arisen that you may not have thought of before your tenant moved in.
 

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