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

Q: My roommate - the primary signator on our lease - has not been paying rent. How can we evict her without evicting me?

I have been regularly paying my portion of the rent directly to the landlord, who is willing to work with me in this scenario, especially given that our lease does not hold me liable for her portion of the rent. In addition, my roommate is in additional breach of our lease, as her boyfriend has been living in her room without paying.

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1 Lawyer Answer
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Your landlord is the one with the legal authority to evict not you as a tenant. The landlord could in theory seek to evict your roommate only and then sign a new lease with you. Your landlord needs to seek legal advice.

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