How do i legally remove a roommate currently under no contract?

[minimeat]

What is the name of your state?
FL

Here is the situation i am in.

I started renting a house from the landlord in the middle of february. I am currently living with two other kids, however the landlord wanted only one person to sign the lease for the house and im the one who signed the lease (there is no monetion of any parents' name of the other kid's on the lease whatsoever). I have yet to create contract for either of my two roommates (something like a sublet) due to me being so busy. So right now, i have two kids living with me who have been paying me rent, but are bound under no contracts whatsoever. The one kid im living with is giving me many problem (in addition to the fact that he has told me that he doesn't plan on staying in the house until the end of the lease), and i don't like living with him and i have another kid who is willing to sign a contract till the end of the lease with me, and pay more rent for the room than the kid who is currently in there is paying (so i'd be paying less).

I need to know how i can legally remove the kid i don't want living here anymore (im pretty sure i can since im the one who signed the lease) so that the other kid can move in, sign a contract with me saying that he will pay rent until the lease is up (the 2nd roommate i am currently living with is going to do this as well as soon as i can get the first kid out). I asked him today about what i need to do and how i need an answer from him as to when he is going to move out and he told me that he isn't making any decisions soon, so that's why im proceeding the way i am. I have to do something to get him out as i have no assurance of him paying the rent till the end of the term and im sick of him throwing parties in my living room at 5am in the morning.

Can someone tell me the steps i need to take to carryout removing him from my house? Im pretty sure ill need to write a letter saying when he has to move out and what not, but im not a lawyer so i don't know anything. Any help would be greatly appricated.

 

[treese]

Though they may not have written leases, your roommates are month to month tenants per Florida's Landlord Tenant law.

Do a google search for Florida Landlord Tenant Laws to find out how you must handle terminating a month to month tenancy.

 

[minimeat]

Though they may not have written leases, your roommates are month to month tenants per Florida's Landlord Tenant law.

Do a google search for Florida Landlord Tenant Laws to find out how you must handle terminating a month to month tenancy.

Interesting. So i couldn't just write him a letter saying he has to leave by a specific date? Technically im the only one who is the tenant of the house, as im the only one who signed the lease, the other 2 kids are just living in the house im renting and paying rent under no contract.

Any other opinions/advice?

 

[Who's Liable?]

Most states stipulate that 30-days notice to vacate be delivered to the tenant ON OR BEFORE the next rental due date. You want him out July 1, you give him 30 days notice ON OR BEFORE June 1. If you miss that date, you have to wait until the next rental period, July 1, in order to get him out on Aug. 1

Verify with your state's LL/T laws for notices though... Some require 60-days notice...

 

[minimeat]

Ok i see what your saying...but does this still hold true even though they are not under any type of contract whatsoever?

 

[JETX]

Ok i see what your saying...but does this still hold true even though they are not under any type of contract whatsoever?

And that is your error.
They DO have a valid lease. Though not written, they do have a verbal month-to-month lease.
You now need to comply with your state laws as to terminating their month-to-month lease.

 

[minimeat]

Ive been looking some stuff up, and see that in Florida it is a 15 day notice for removing a tenant. However, im caught up on the following:

Is the kid i want to remove considered a tenant? If so, who would be considered his landlord (me or my landlord?). Im assuming that he is a tenant and im his landlord from what you said above.

So now that i understand that (unless im wrong?) heres the statues i found online for FL law:


83.57 Termination of tenancy without specific term.--A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
History.--s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.


83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
History.--s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.


83.21 Removal of tenant.--The landlord, the landlord's attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to the summary procedure provided in s. 51.011.
History.--s. 2, ch. 3248, 1881; RS 1752; GS 2228; RGS 3536; CGL 5400; s. 1, ch. 61-318; s. 34, ch. 67-254; s. 439, ch. 95-147.

So if i wrote him a letter today, saying he has to move out in 15 days...then by law he would have to since i have given him sufficient notice? Also, he seems to be a jerk about it anytime i ask him about when hes moving out, so what do i do if he gives me problems...would i goto the local court and file something there?

Thanks for the advice

 

[treese]

83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
History.--s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.


83.21 Removal of tenant.--The landlord, the landlord's attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to the summary procedure provided in s. 51.011.
History.--s. 2, ch. 3248, 1881; RS 1752; GS 2228; RGS 3536; CGL 5400; s. 1, ch. 61-318; s. 34, ch. 67-254; s. 439, ch. 95-147.

You got it

Your roommate is paying rent to you, therefore he is your tenant.

If he is paying rent monthly, he is a month to month tenant.

You need to follow the law and give him the proper amount of time. If he does not move out, you will have to evict him.

 

[Who's Liable?]

You're getting tripped up thinking that since no lease was signed by him or you outlining the terms of the rental unit, that no lease exists...

This is false... your state's LL/T laws automatically make ones for you. Mostly to protect the tenant from being thrown out in the middle of the night...

So he is a month-to-month tenant and requires 15-days written notice...