Palm Harbor, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: florida landlord / tenant question

I have a roommate for about 10 years now. He hasn't paid rent in about five years. He is bipolar on different meds. He has been going off the deep end a lot lately. Having screaming rants that go on for hours. With verbal threats against me as well. I just took him to a medical doctor visit and his speech was so convoluted and crazed that the doctor prescribed him a anti-psychotic. He has become scary over the last few months and just locked me out of the house this afternoon.

The house is my mother's and I am living here while she is in a nursing home. Roommate and have lived together previously in another house I owned. I got rid of that house to live in my mother's house. Roommate followed.

I want him out. At the last doctor visit, they suggested I get him baker acted. He has voluntarily done that in the past before I knew him. If I evict him with a time period, I don't know what he is capable of doing. There is no written lease; he was just a friend who moved in with me.

2 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: I am sorry for your troublesome situation. If you feel you are in danger of harm, please call the law for immediate assistance. There is a legal remedy available, but your situation is complicated, as it does not seem you are the property owner. I would recommend that you consult with a local real estate attorney to review all of the details with you and help you decide what is the best course of action for you. Many attorneys offer free consultations, which should help you get started down the right path. Best of Luck! Jennifer

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I agree, the issue is you cannot evict as you are not the landlord/property owner. She would need to evict or at least you both hire an attorney to file eviction in her name (on her behalf with her permission) to remove this person. If she is not competent then that opens a whole other ball of wax going to court to get someone appointed for her.

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