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My sister and I moved into our first rental earlier last year. We invited my sister's good friend to move in with us because, at the time, we all got along and thought it would be a good fit. Now our roomate has become a complete monster. She has no respect for us or our things; shes just a terrible person so were looking to get rid of her.
She's not on the lease as a lease-holder but as a occupant. She has no bills in her name attached to the house. We already called the police because she was freaking out at us one day and they said there was nothing they could do.
We also went down to the court house and they said essentially there was nothing they could do because the landlord would have to start the eviction process, which is $250 to start the process. We talked to our landlord and because she is an occupant they can not evict her. That it was basically up to us but no one is giving us any options.
Were grasping at straws here to try and get this figured out. Any tips or legal information provided would be a great help.
(We live in Marion County/Florida.)
Wait until she goes to work, throw all her possessions on the street and have the locks changed. It's not like she has any proof she lives there nor any legal recourse to try and gain re-entry on to the property. It works for a lot of parents when they are trying to deal with an unruly teenager.
I understand - but where does the OP say that either signatory to the lease has broken any lease terms?
She was asking how to remove the occupant tenant. The LL can't remove one tenant be used they are all on the lease as one entity. Unless the crazy one just voluntarily moves out the LL has to give them all a notice to vacate. Can't single just one out. One breaks the lease they all break the lease
Now maybe she can get a RO but that would require motive and goin to court. I don't think they want that. Unless they just bribe her to leave and resign new lease theire all stuck.
^^^ The offending roommate isn't on the lease, though. She's an occupant not a signatory to the lease. I can't imagine that there's not some provision in the law for the leaseholders to simply give her (as an occupant) 30 days notice. I'd suggest the OP consult with an attorney or with Legal Aid in their area.
^^^ The offending roommate isn't on the lease, though. She's an occupant not a signatory to the lease. I can't imagine that there's not some provision in the law for the leaseholders to simply give her (as an occupant) 30 days notice. I'd suggest the OP consult with an attorney or with Legal Aid in their area.
Quote:
Originally Posted by CB282N
She's not on the lease as a lease-holder but as a occupant. )
OP said this^^^^^. Looks like she is a occupant on the lease but not responsible for paying. Sort of like if you have kids. Named on lease as occupant but not legally responsible for payment. Maybe I misunderstood it and she simply lives there not on lease
OP said this^^^^^. Looks like she is a occupant on the lease but not responsible for paying. Sort of like if you have kids. Named on lease as occupant but not legally responsible for payment. Maybe I misunderstood it and she simply lives there not on lease
There is a big difference between a tenant and an occupant. An occupant has no contractual obligation with the landlord even if listed on the lease as an approved occupant. It's always been my understanding that the tenant(s) can give an occupant the notice required under state law (usually 30 days but in some states less) which a LL would be required to give to a tenant on a month to month agreement.
This is what the OP needs to have clarified by a legal professional.
There is a big difference between a tenant and an occupant. An occupant has no contractual obligation with the landlord even if listed on the lease as an approved occupant. It's always been my understanding that the tenant(s) can give an occupant the notice required under state law (usually 30 days but in some states less) which a LL would be required to give to a tenant on a month to month agreement.
This is what the OP needs to have clarified by a legal professional.
If she is named on the lease then the lease provisions apply to her. She just has no financial responsibility for payment. If you have a child they are occupants aren't they. They have no financial responsibility
But you're right she needs a professional to clarify how to go about it. I guess no good deed goes unpunished
OP, have you actually asked her to leave? Have you tried giving her a 30 day notice to vacate?
She is listed as a resident in the lease, so you are going to have a difficult time getting rid of her if she refuses to go. She's there legally and has rights.
There is nothing that your landlord can do for you unless there are some severe lease violations, in which case, he can evict everybody, but I doubt that you want an eviction on your record.
Your problem is roommate politics, not landlord tenant issues. Have you gone to a good mean lawyer who specializes in real estate law to see what he has to recommend?
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