How to Evict a Roommate in Florida

Michelle Wilson - February 15, 2023

The eviction procedure can be frustrating, especially when there is an abundance of general information and very little about your location. Fortunately, this guide contains the specifics for how to evict a tenant or roommate in Florida. Although the process may be similar to other states, unique factors, such as the reason for the action and the state’s legal requirements, need to be considered.

Whether you seek to evict a tenant or a roommate, this guide provides you with all the information you need to know, from filing a complaint with the court to attending a hearing. Additionally, this blog will also discuss the importance of consulting with a qualified attorney and the variation of eviction procedures that exist depending on the circumstances.

Do You Have the Power to Evict Your Roommate Legally?

The answer is maybe. In Florida, your ability to evict a roommate depends on the terms in the lease agreement you signed.

If both names are on the lease, you do not have the right to evict your roommate, as you both have equal rights to the property as landlords. In contrast, if there is no lease agreement in place, you are not considered a landlord under Florida law and, therefore, cannot initiate an eviction against your roommate.

Additionally, if only your name is on the lease. You have the right to initiate an eviction against your roommate, who is considered a subtenant. It is worth noting that this rule applies even if you do not have a formal sublease agreement in place.

In Florida, only landlords, defined as those who have leased a property, have the right to file eviction proceedings against tenants. If your name is on the lease, you have landlord status and may file an eviction against a roommate who does not have their name on the lease. However, if both names are on the lease, neither party can evict the other as both have equal rights to the property.

Enlisting the Help of Your Landlord

If both you and your roommate both signed the lease, you could only remove your roommate by working with your landlord. Discuss your situation with your landlord and explain why your roommate wants to leave. If your roommate is causing significant damage to the rental unit or making it difficult for you to pay the rent, your landlord may also have the same concern.

However, if you are subletting the apartment, it’s best to proceed with caution before involving your landlord. Under Florida law, there is no guarantee that tenants can always sublease an apartment.

If your lease prohibits subletting and you have violated it, bringing this to your landlord’s attention may not be the best option. Before involving your landlord, check your lease to see if subletting is allowed. If it is, it may be beneficial to have a conversation with your landlord.

If, after reviewing the above scenarios, you determine that you can legally evict your roommate, the next question you must answer is the reason behind your decision.

Reasons for Eviction

First things first, what is an eviction? An eviction is when a property owner, the landlord or a co-tenant requires a tenant to vacate the premises. When evicting a roommate, several valid reasons exist that another party may choose to take such action. Some of the most common are listed below.

Consecutive Non-Payments of Rent

One of the most straightforward reasons for eviction is the non-payment of rent. It’s important to note that in Florida, the landlord or co-tenant must provide written notice to the roommate specifying the amount owed and the deadline for payment before proceeding with an eviction.

Violation of the Lease Agreement

By definition, a lease is a legal agreement between a “landlord” and their tenants. Therefore, if a roommate violates the terms of the agreement, the landlord or co-tenant may choose to start the eviction process. Some of the most common violations include violating rules such as having unauthorized guests or pets, making excessive noise, or using the property for illegal activities.

Illegal Activities

If a roommate engages in illegal activities on the property, such as drug use or trafficking, the landlord or co-tenant may choose to start the eviction process. This type of activity can harm the safety and well-being of other tenants and may also put the property at risk.

Significant Damage to Property

If a roommate causes significant damage to the property, such as breaking windows or causing structural damage, the landlord or co-tenant may choose to start the eviction process. In Florida, the landlord or co-tenant must provide written notice to the roommate specifying the damages and the deadline for repair or replacement before proceeding with an eviction.

It’s important to note that the eviction process must follow Florida law in all of these situations.

Legal Requirements for Eviction in Florida

State laws in Florida govern the process of evicting a roommate; therefore, it’s important to understand the legal requirements to ensure that you are handling the process properly. In this section, we’ll explore some of the key requirements for eviction, including:

Notice to Vacate

Before beginning the eviction process, the landlord or co-tenant must provide written notice to the roommate specifying the reasons for the eviction and the deadline for the roommate to vacate the property. The notice to vacate is legally required and should not be given simply through a phone call or a casual note. You can guarantee your eviction notice is legally valid by sending it through certified mail and keeping the receipt for any potential court proceedings.

The written notice of eviction should specify the reason for the eviction. Depending on the reason, the terms and conditions of the notice may vary. For instance, if the tenant is not paying rent, the landlord must give a notice of three days. The notice gives the tenant three days, excluding weekends, holidays, and the day you gave the notice, to either pay the outstanding rent or vacate the property. If a tenant pays an amount that is less than the full amount owed, the landlord should not accept it and should proceed with the eviction process. On the other hand, if the tenant pays the full amount within the specified time, the landlord must accept it and the eviction proceedings.

In the case of a lease violation, the landlord may give the tenant a 7-day notice to correct the violation or leave the property. The notice should clearly state the details of the violation, such as having pets and the steps necessary to correct it. The eviction process can proceed if the tenant does not correct the violation within seven days.

Time Frames For Filing an Eviction

In Florida, the time frame for filing an eviction depends on the reason for the eviction. For example, for non-payment of rent, the landlord or co-tenant must provide written notice to the roommate specifying the amount owed and the deadline for payment. The eviction must be filed within seven days after the deadline for payment has passed. For other reasons, such as violating the lease agreement, the time frame for filing an eviction may differ.

Proper Filing Procedures

Once the notice to vacate has been served, the next step is to file a complaint with the court. You can file the complaint in the county where the property exists. The only rule is that it must include a copy of the notice and a statement of the grounds for the eviction.

A Necessary Step

Eviction may not be enjoyable, but sometimes it is necessary. Regardless of your experience as a landlord in Florida, you can successfully remove a roommate who is damaging your home and making your life difficult by following the abovementioned steps.