My question involves landlord-tenant law in the State of: Florida
A couple of my friends have been having trouble getting rid of their roommate. She hasn't paid for the last month and has stated she will not pay for next month. They are renting from a landlord but under the terms of their lease they are allowed to rent the rooms out themselves. She has been verbally and emotionally abusive, and has threatened their pets with physical harm (i.e. "I'll f***ing kill your cat if I see it in my room again).
Needless to say, my friends want her out. They spoke to her at the beginning of the month for her rent, which has been paid only sporadically since she moved in. She blew up at them and in the resulting screaming match said that she'd be moving out of the house by August 1st no matter what. But since then she's repeatedly stated that she won't leave and that we can't make her.
She was given verbal notice in the first week of the month that she would have to leave by August. After screaming obscenities and threats, she slammed the door of her room in their faces and turned up music loudly enough that she couldn't hear them. Since then, she's started screaming and arguing whenever the topic is brought up, so it's been impossible to speak with her. I've witnessed this several times. They plan to give her a three-day eviction notice if she won't get out on her own.
I did some searching into the Florida legal code but I don't have any professional legal experience or real-life experience with this situation. Most of what I found came from Title VI (Civil Practice and Procedure) Chapter 83 (Landlord and Tenant).
83.03 Termination of tenancy at will; length of notice
"(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period"
She was given notice so that she'd have three weeks in the case that she moved out on the first of the month. Her agreement was for monthly payments.
83.06 Right to demand double rent upon refusal to deliver possession
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.
(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.
I was mostly wondering if we could use this statute as incentive to get this person out of the house.
83.20 Cause for removal of tenants
(1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.
Would this be legal grounds to kick her out?
83.46 Rent; duration of tenancies
(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
Does this refer to calendar month or day to day month?
83.54 Enforcement of rights and duties; civil action; criminal offenses
Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property.
At the moment my friends are concerned that she'll attempt to damage the property or house before leaving. This applies to the penalties for doing so, correct?
83.58 Remedies; tenant holding over
If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
Again - I'd like to know if we could use this statute as monetary incentive to get her out.
83.625 Power to award possession and enter money judgment
In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord.
Same as the last.
Title XL (Real and Personal Property) Chapter 715 (Property: General Provisions)
(1) “Landlord” means any operator, keeper, lessor, or sublessor of furnished or unfurnished premises for rent, or her or his agent or successor-in-interest.
(5) “Tenant” includes any paying guest, lessee, or sublessee of any premises for rent, whether a dwelling unit or not.
This is just a section I copied in hopes of proving that according to Florida's legal code, we have rights to evict her. To be perfectly honest, she's probably too dumb and easily angered to protest anything legal-looking that she sees on paper. But I'd like to know if this would hold up as I hope if she did go looking.
A couple of my friends have been having trouble getting rid of their roommate. She hasn't paid for the last month and has stated she will not pay for next month. They are renting from a landlord but under the terms of their lease they are allowed to rent the rooms out themselves. She has been verbally and emotionally abusive, and has threatened their pets with physical harm (i.e. "I'll f***ing kill your cat if I see it in my room again).
Needless to say, my friends want her out. They spoke to her at the beginning of the month for her rent, which has been paid only sporadically since she moved in. She blew up at them and in the resulting screaming match said that she'd be moving out of the house by August 1st no matter what. But since then she's repeatedly stated that she won't leave and that we can't make her.
She was given verbal notice in the first week of the month that she would have to leave by August. After screaming obscenities and threats, she slammed the door of her room in their faces and turned up music loudly enough that she couldn't hear them. Since then, she's started screaming and arguing whenever the topic is brought up, so it's been impossible to speak with her. I've witnessed this several times. They plan to give her a three-day eviction notice if she won't get out on her own.
I did some searching into the Florida legal code but I don't have any professional legal experience or real-life experience with this situation. Most of what I found came from Title VI (Civil Practice and Procedure) Chapter 83 (Landlord and Tenant).
83.03 Termination of tenancy at will; length of notice
"(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period"
She was given notice so that she'd have three weeks in the case that she moved out on the first of the month. Her agreement was for monthly payments.
83.06 Right to demand double rent upon refusal to deliver possession
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.
(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.
I was mostly wondering if we could use this statute as incentive to get this person out of the house.
83.20 Cause for removal of tenants
(1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.
Would this be legal grounds to kick her out?
83.46 Rent; duration of tenancies
(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
Does this refer to calendar month or day to day month?
83.54 Enforcement of rights and duties; civil action; criminal offenses
Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property.
At the moment my friends are concerned that she'll attempt to damage the property or house before leaving. This applies to the penalties for doing so, correct?
83.58 Remedies; tenant holding over
If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
Again - I'd like to know if we could use this statute as monetary incentive to get her out.
83.625 Power to award possession and enter money judgment
In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due, owing, and unpaid by the tenant to the landlord.
Same as the last.
Title XL (Real and Personal Property) Chapter 715 (Property: General Provisions)
(1) “Landlord” means any operator, keeper, lessor, or sublessor of furnished or unfurnished premises for rent, or her or his agent or successor-in-interest.
(5) “Tenant” includes any paying guest, lessee, or sublessee of any premises for rent, whether a dwelling unit or not.
This is just a section I copied in hopes of proving that according to Florida's legal code, we have rights to evict her. To be perfectly honest, she's probably too dumb and easily angered to protest anything legal-looking that she sees on paper. But I'd like to know if this would hold up as I hope if she did go looking.
Roommates: Process of Eviction for Roommate Not on Lease (Florida)
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