How to Evict a Roommate (Not on Lease) when You Fear for Your and Your Pet's Safety

how to assume a lease

Zulu01 said: 05-17-2012 07:16 AM

How to Evict a Roommate (Not on Lease) when You Fear for Your and Your Pet's Safety

My question involves an eviction in the state of: FL

My friend rented a house in central florida with her roommate(for this case let's call her Amanda). Both my friend and Amanda signed a 1 year lease agreement(btw there is a mistake on the lease agreement that shows the contract to expire the same month). After 7 months, Amanda found a 3rd roommate and brought him in, this male roommate is not on the lease, Amanda collected rent from him, my friend didnt agree to this new roommate. The next month Amanda bailed out and left my friend stuck with the lease and the new roommate.

The new male roommate seems unstable and flips out with no reason, seems violent and with a temper, I am witness to this as I went to visit my friend as she was in fear for her safety and her pet's safety. While I was at my friends I installed a lock on her door and a deadbolt as her door had not lock(landlord had been informed of this from day one as I was there during the walkthrough).

I was also witness of this male roommates temper, he even threatened me with bodily harm and called me racial slurs.

My friend now has to lock herself in her room and has to lock her pet the whole day for fear of this roommate that is not on the lease.

I have read that to evict someone in FL you have to have a reason like not paying rent, is there any reason to evict someone when you fear for your safety?

Two nights ago she got home and saw the door open, the male roommate leaves the house unlocked when he leaves, again I was witness to this last weekend, when he came in he never locked the door behind him and when he left he left the front door open. If anything were to be stolen my friend is responsible.

Several nights ago she called the non-emergency Police number, the officers came to the house and she talked to them for about 30 minutes, she was afraid that he might flip out after the cops left, so she didnt want the cops to talk

to him. The cops said that although he was not on the lease she will have to go through the regular eviction process. They also said that since he hasnt done anything yet(physical harm) they couldnt do much. They didnt file a report, she called the cops and they titled it as a domestic disturbance, I believe that there should be a record of the call. There was no report filed that my friend knows of.

Under what grounds can you evict someone if you fear for your safety and your pet's safety, if the male roommate has not done any physical harm yet, do you have to wait until he does?

What can be done in this case? this is causing mental strain on my friend, she has a 2000 sq foot house that she is afraid to live in and she has been recluse to her own room out of fear. She is also afraid that he might retaliate against her pet while she is not there, and although the door is locked her side door has a window that can be easily broken into.

How can she speed up the process to get him out of the house?

Any other action she can take?

Also rent was due on May 6th and he hasnt paid the rent as of yet although he has promised he will and he said he would leave the premises in 30 days. This seems not soon enough tho.

Mr. Knowitall said: 05-20-2012 08:53 AM

Re: How to Evict a Roommate (Not on Lease) when You Fear for Your and Your Pet's Safe

If you're a landlord of a month-to-month tenant, you can give proper notice to end the tenancy and commence an eviction if the tenant does not move.

If you choose not to document a case sufficient to get the police to act, or to support a personal protection order, even if we assume you could articulate grounds, what evidence do you imagine would be presented in court to justify evicting a tenant as a supposed threat? If the question is, "I chose my original roommate badly, she let this guy move in, I accepted that situation and took the rent money, but he has a bad temper so can I evict him without giving proper notice," the court is going to answer "No."


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