Daytona Beach, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: I live in a house owned by my mother. I also have a roommate. She is supposed to pay weekly rent every Sunday to me.

However she doesnt always pay and we haven't enforced this. There is no lease with her and no record of rents payed except a couple text messages asking if she left the rent. She recently had been ridiculous saying i owe her money (I borrowed a hundred dollars a few times which was paid back with cash or with rent). There is no record of any of this except text message fighting and no record of any rent paid at all. I have given her a 7 day notice of non renewal (2nd one) recently. If I move to evict can she hold it up with these lies and texts? And can I have my mom evict her with a new notice of non renewal without having to evict the others In the house?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If you have given her a 7 day notice (in behalf of your mom, evidently; see the next paragraph), and she has no lease, you don't need a reason to evict her. Thus it is difficult to see how she could avoid eviction through lying.

As I understand what you are saying, the tenants are each renting space individually from your mom, and not as co-tenants. Thus if she evicts the roommate under discussion, there is no need to evict the others.

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