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My son is a banker lives in Florida and rents a house. He…

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My son is a...

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.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

He gave him a verbal warning of eviction and he will not willingly move.

Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 18 minutes by:
2/17/2016
Lawyer: insearchoftheanswer, Lawyer replied 2 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,206
Experience: Lawyer; developer/owner of RE developments.
Verified

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!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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