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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 54021
Experience:  Lawyer; developer/owner of RE developments.
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My son is a banker lives in Florida and rents a house. He

Customer Question

My son is a banker lives in Florida and rents a house. He has had a roommate that has lived with him approximately 8 months. He is never on time with the rent and bills and is disgustingly messy and does not clean up, He stays up at night partying. Not a good situation. My son has tried to get him to pay on time and do his part. What is the proper solution to this problem. Does he need to give him written notice of eviction. The guy keeps telling my son he does.
JA: Thanks. Can you give me any more details about your issue?
Customer: He gave him a verbal warning of eviction and he will not willingly move.
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Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 9 months ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Unfortunately, if the roommate will not leave voluntarily, your son will need to go through the legal process to avoid being accused of an illegal eviction. Since he's in default by paying rent late, under Florida law, your son will then need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, your son will have to file a petition for an eviction order. Once that is granted...your son can have the sheriff evict. Unfortunately, your son is not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. BUT, if in the interim, if he poses any threat to your son's person or property, he can get a restraining order to get the roommate out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that your son could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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