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roommate eviction?

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M

mcgee

Guest
I have lived in my rental apt. for 3 yrs and now signing my fourth lease. My roommate moved in 1 yr ago and signed the lease the lease is now up as of may 1st. I have asked her to leave on Apr. 1st. when lease is up. She has refused. The landlord sent her a letter stating they will not renew her lease and she has to leave. She did not pay her portion of the rent for april and still is refusing to leave. She has a drug problem and this is the reason I have asked her to leave she is now having a guy stay here with her which is a violation of the lease also. My question is come may first if she is still refusing to leave what kind of legal action are we gonna be able to take to get her out of here. I am in good standings with the landlord and I like my home and do not want to lose it. I live in the state of Fl. and I am very desperate to get her out of here.Thank you for any help anyone may be able to give me.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mcgee:
I have lived in my rental apt. for 3 yrs and now signing my fourth lease. My roommate moved in 1 yr ago and signed the lease the lease is now up as of may 1st. I have asked her to leave on Apr. 1st. when lease is up. She has refused. The landlord sent her a letter stating they will not renew her lease and she has to leave. She did not pay her portion of the rent for april and still is refusing to leave. She has a drug problem and this is the reason I have asked her to leave she is now having a guy stay here with her which is a violation of the lease also. My question is come may first if she is still refusing to leave what kind of legal action are we gonna be able to take to get her out of here. I am in good standings with the landlord and I like my home and do not want to lose it. I live in the state of Fl. and I am very desperate to get her out of here.Thank you for any help anyone may be able to give me. <HR></BLOCKQUOTE>


My response:

Read your States' landlord / tenant laws. In all liklihood, you'll have to serve her with a Notice to Pay Rent or Quit, or if she pays, then a Notice to Vacate. If she refuses to leave after that, then you'll have to sue her for eviction.

IAAL


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T

Tracey

Guest
The FL landlord tenant act is in section 83. Your options include:

1) Evict her now for drug use. Drug use is one of the crash landings (along with assaulting landlord, trying to burn down the house, etc.). Give landlord an affidavit. He has to give her proper notice.

2) Evict her for failing to pay rent.

3) Evict her for having an unauthorized person living there. Landlord has to give her notice and an opportunity to cure (kick him out).

Your landlord can deliver all 3 notices at once. He should also give her notice about the holdover penalties (double rent). This may inspire her to move out.

83.56 Termination of rental agreement.--

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(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord's intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be adequate if it is in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance) .


(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. The notice shall be adequate if it is in substantially the following form:


You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance.


(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:


You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of _____, (year) .

(landlord's name, address and phone number)


(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.

(5) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes shall comply with the provisions in s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but shall enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2). This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days of the noncompliance.

(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).

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83.58 Remedies; tenant holding over.--If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59 [F.S. 1973]. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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