Fort Lauderdale, FL asked in Landlord - Tenant for Florida

Q: Can a landlord file an eviction notice after tenant moves out on 3 day notice to pay or vacate? Florida.

Is this legal, I signed a lease for a friend and her 3 kids, kids were named on the lease but the mother was not because she said her credit was bad due to the divorce. Owners knew lived there with her kids, in fact she was the one who found the home and saw it first with the owner, but they never requested that she be put on the lease, we lived there for 7 months and owner would come over when needed and accepted rent from both of us. We were served in my name a 3 day notice to pay or vacate and it also said "and all occupancies in possession". I moved out within the 3 days but roommate and her 3 kids did not so owner filed an eviction against me instead of her. In researching it looks like by the owners allowing her to live there for 7 months, taking rent, etc made an “authorized” person even though she was not on the lease. Therefore it would seem the eviction should have been in her name since she was the one not leaving and I left in the 3 days and the landlords knew I was gone.

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: Whenever you have a legal problem like this, it is always best to go have a full discussion with an attorney.

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