Considered moved out?

[CaptainWes]

This is a FL Landlord/Tenant Issue

I will be brief. I had a less than ideal living situation with a roommate. Said roommate was arrested 7/11/06 and remains in jail as of today. There was no formal lease agreement, and tenancy was considered month to month. On 7/26/06 the (former) roommate's friend arrived unsolicited at my residence and collected all of roommate's belongings (I made sure to include any nonperishable food items he had purchased). This individual is not expected to be released from custody in the near future. Has this individual forfeited any legal claim to the premises by having someone remove all personal belongings from the residence? I have my fiancée moving in with me in 10 days, and would rather not have any surprises, such as this individual showing up at the end of August trying to assert a legal claim to residence. Thank you for your help.

 

[Who's Liable?]

This is a FL Landlord/Tenant Issue

I will be brief. I had a less than ideal living situation with a roommate. Said roommate was arrested 7/11/06 and remains in jail as of today. There was no formal lease agreement, and tenancy was considered month to month..

There is no formal lease agreement between YOU and the roommate, or no formal lease agreement between the roommate and the LL? Very important to clarify

On 7/26/06 the (former) roommate's friend arrived unsolicited at my residence and collected all of roommate's belongings (I made sure to include any nonperishable food items he had purchased).

Did you speak to the friend, and did they inform you they had the okay from the roommate to retrieve said belongings?

This individual is not expected to be released from custody in the near future. Has this individual forfeited any legal claim to the premises by having someone remove all personal belongings from the residence?

No, they can still legally enter the apartment IF they have NOT been ordered to vacate the premises by the LL or a court order. Just becuase all personal belongings have been removed does not mean the lease terminates.

I have my fiancée moving in with me in 10 days, and would rather not have any surprises, such as this individual showing up at the end of August trying to assert a legal claim to residence. Thank you for your help.

They could legally kick your fiancee out because he has no legal right to move in. You need to verify exactly what the lease positions are before we can give any useful info.

I would wait on the fiancee moving in until you know exactly what is happeninig with the roommate.

 

[CaptainWes]

No formal lease agreement with the Landlord. This roommate knew a warrant was issued, and I had been advised not to obstruct friend from removing belongings. I am the one who must pay the rent in full now. The LL has approved my fiancee moving in.