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If name on lease. And I get a roommate how do I evict that…

Customer Question
If my name is...

If my name is ***** ***** on lease. And I get a roommate how do I evict that person if they don't work out?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

No. Nothing is in that person name! They only pay me month to month for a room

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have lived at this house 17 years. And owner knows that I have diffrent roommates

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 1 minute by:
1/5/2018
Real Estate Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,504
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: The individual is referred to as a sub-tenant. You are considered the landlord and they are the tenant. Therefore, you must follow the standard steps of evicting a tenant.

In order to evict a tenant without a lease (which is considered a month-to-month lease), the landlord must provide the tenant with an eviction notice. The eviction notice must give the tenant 30 days to move out. If the eviction is based on non-payment of rent and the landlord wishes to keep the tenant, then they may serve them with a 3 day notice.
If the tenant does not move out within the time period, then the landlord must file an unlawful detainer suit against the tenant. There will be a hearing at which the tenant may present evidence to dispute the eviction. However, an eviction of a month-to-month tenancy does not require a reason for the eviction and therefore will be granted by the court. Once the court has ruled in the landlord's favor, the landlord can serve the tenant with a writ of possession and request the assistance of the sheriff's office to evict the tenant.

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