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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