Having a roommate can be a great experience, especially for people leaving the family home for the first time. Beyond splitting the bills and making life more affordable, living with a roommate helps to make life more interesting. Unfortunately, in some cases, that’s not such a good thing. If the situation is dire enough to call for eviction, here’s what you need to know.
Legal Roommate Eviction 101
Evicting a roommate is not something that can be done in the spur of the moment. Florida law dictates one must have a qualifying reason to begin the eviction process and give due notice to the evictee. Minor annoyances and disagreements are not legally valid reasons to evict someone, but you may be able to come to an agreement to separate as roommates.
Legal causes for eviction include:
- Nonpayment of rent
- Intentional damage or destruction of property
- Abandonment
- Conducting illegal activity on the property
Eviction is a legal process requiring one to go through the proper steps. Failing to do so can lead to serious legal and financial issues.
Find an Out of Court Resolution
If you are having problems with your roommate, the first step should always be communication. Even if something seems obvious or intentional to you, don’t make assumptions. Having a calm and rational conversation detailing boundaries and expectations for your roommate agreement. If they continue to violate the rules, or you don’t think your differences can be resolved, breech the topic of moving out voluntarily. If you are co-tenants, consider making the move yourself; if you are the master tenant, hold your ground without causing a fight. If you are financially able to do so, offer to cover the rent and utility costs for the month so they can save money for the move.
Serve a Legal Eviction Notice
Protect yourself against potential legal claims by following through with a legal eviction notice. File the necessary paperwork with your landlord and, if necessary, the courts. This establishes a specific timeline which your roommate must adhere to. Consult an attorney or legal professional to determine the amount of time you are legally obligated to give a roommate to find new accommodations.
Once your eviction notice has been served, follow through by verifying the change in residency with your landlord. If your roommate was listed on the lease, be sure a new one is created and establishes the date by which they are no longer a tenant. Confirm that your roommate is aware of your expectations so far as removal of belongings, returning keys, and any final dues.
If your roommate is fighting the eviction, prepare yourself to go to court. You will need to provide evidence of your claims against your roommate, so be prepared to provide exact dates and necessary paperwork proving your claim. Witness statements may also be effective in aiding your case.
Additional Steps Following Eviction
Once your roommate has vacated the property, it’s important to secure your space against attempts to return or retaliate. Change your locks as soon as possible, so any spare keys cannot be used to enter your home uninvited. If you are concerned for your safety, file a police report regarding your concerns so there is a record should their assistance become necessary. You may also consider installing a security system if warranted.
We Do Locksmith specializes in securing your home no matter what the situation. Our team of expert locksmiths can help you feel safer in your home. When you rekey locks in Orlando with us, you can rest assured the job is done properly and at your earliest convenience.
