Last Updated on March 18, 2024 by Kelvin Nielsen
If you are living with a roommate in Florida, it is important to understand the laws that govern your living arrangement. In Florida, the rules for evicting a roommate depend on whether both names are on the lease or only one.
If both names are on the lease, then neither party can evict the other. However, if only one name is on the lease, then it is possible to evict a roommate.
To evict a roommate in Florida, you must follow the legal process, which involves giving notice of the eviction and allowing the roommate time to remedy the situation.
If the grounds for the eviction are related to a lease violation, such as having a pet when pets are not allowed, then the roommate must be given adequate time to find a new home for the pet. It is important to note that self-help measures, such as changing the locks or removing the roommate’s belongings, are illegal in Florida and can result in legal consequences.
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Understanding Roommate Laws in Florida
If you are living with a roommate in Florida, it is important to understand the laws that govern your living situation.
Lease and Rental Agreements
If you and your roommate are both on the lease, you cannot evict your roommate. However, if you are the only one on the lease, it is possible to evict your roommate in Florida.
The laws on Florida evictions are set out in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. Under that law, a tenant can be asked to leave the dwelling at the end of a tenancy period for any reason or none.
Rights and Responsibilities
When a person pays rent to live in a house, apartment, condominium or mobile home, the renter becomes a tenant governed by Florida law. It doesn’t matter whether payment is made weekly, monthly or at other regular periods.
Under Florida law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under FL Statutes Chapter 83 Part II, such as the right to timely rent payments and a livable dwelling.
Roommate Agreements
It is recommended that you and your roommate create a written roommate agreement that outlines the terms of your living arrangement. This agreement should cover additional terms and conditions such as rent, security deposit, utilities, pets, security, rent payments, tenant responsibilities, food, storage, and cleanup.
It is important that both you and your roommate sign the agreement and include your legal names.
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Eviction and Dispute Resolution
Eviction Process
As a roommate in Florida, you have certain rights and responsibilities. If you are facing an eviction, it is crucial to understand the eviction process. If you are a tenant with a lease, you have the right to remain in the property until the lease expires, as long as you are up-to-date on rent payments and are not violating the lease terms.
If you are a subletter, you must vacate the property when the lease ends. If you are a month-to-month tenant, your landlord can terminate your tenancy by providing written notice.
Legal Recourses and Remedies
If you are facing an eviction, you have legal recourses and remedies. You can challenge an eviction lawsuit in court by presenting evidence that the landlord is not following the law. If you receive an eviction notice, you can challenge it in court by filing a complaint.
If you are facing eviction for non-payment of rent, you can withhold rent until the landlord fixes any issues with the property. If you are facing eviction for violating the lease terms, you can remedy the violation and provide proof to your landlord.
Roommate Conflicts and Resolution
Roommate conflicts can arise, and it is essential to know how to resolve them. If you are facing unreasonable disturbances or unauthorized guests, you can talk to your roommate and try to resolve the issue.
If the issue is not resolved, you can seek legal advice or mediation. If you are facing harassment or discrimination, you can file a complaint with the appropriate authorities.
In Florida, the process of evicting a roommate depends on the terms in the lease agreement you signed. If both names are on the lease, you do not have the right to evict your roommate, as you both have equal rights to the property as landlords.
If you are the only one on the lease, it is possible to evict your roommate in Florida. The eviction process can be challenging, but with the right knowledge and understanding of the state’s laws, you can navigate it successfully. It is crucial to communicate with your roommate and try to resolve any conflicts peacefully.
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Frequently Asked Questions
What is the legal process for ejecting a roommate who is not on the lease in Florida?
If your roommate is not on the lease, you cannot evict them yourself. You will need to involve your landlord, who is the only person authorized to evict tenants.
If your roommate is a subletter, you can evict them yourself, but you must follow the legal process, which includes giving them a written notice of termination and allowing them time to vacate the premises.
Under what circumstances can a tenant be evicted without notice in Florida?
In Florida, a tenant can be evicted without notice if they are engaged in illegal activities on the property, such as drug use or manufacturing, or if they are causing damage to the property. The landlord can also evict a tenant without notice if they have not paid rent for at least 15 days after the due date.
Are verbal roommate agreements considered legally binding in the state of Florida?
Verbal roommate agreements are considered legally binding in the state of Florida. However, it is always a good idea to have a written agreement, as it provides a clear record of the terms of the agreement and can help avoid disputes later on.
How does the unlawful detainer process work for removing someone from your property in Florida?
In Florida, the unlawful detainer process is used to remove someone from your property if they are not a tenant and do not have a legal right to be there. The process involves filing a lawsuit against the individual and obtaining a court order for their removal.
What steps should a tenant take if they are living in a property without a formal lease agreement in Florida?
If you are living in a property without a formal lease agreement in Florida, it is important to establish the terms of your tenancy in writing. You should also keep a record of all rent payments and other transactions related to your tenancy.
If a dispute arises, having a clear record of the terms of your tenancy can help you protect your rights and avoid legal problems.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Sources: Florida Statutes at Part II, Chapter 83, the Florida Residential
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Amanda Rose is a seasoned landlord with 13+ years of expertise in overseeing diverse properties. Her adept management spans single and family homes, along with multi-family apartments and condos, across Wyoming and South Dakota. Her commitment and proficiency have cemented her status as a thriving property management professional.
She is a member of the following organizations: Wyoming Landlord’s Association, National Association of Residential Property Managers (NARPM), Wyoming Apartment Association, South Dakota Multi-Housing Association (SDMHA), and South Dakota Landlord Association (SDLA).