Lake Wales, FL asked in Landlord - Tenant for Florida

Q: I have paid the rent for this month he told me he wasn’t paying anything could I or the landlord just Evict him

Related Topics:
1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: I have to guess what your question is. So here goes: you have a roommate. You paid the rent in full to the landlord, but your roommate was supposed to pay half. When you demanded his half, he told you that he wasn't paying anything. Now you want to know whether you or the Landlord can evict him because he refused to pay half.

The answer is no. Assuming that both of you are on the Lease, each of you is responsible to the landlord for the full amount of the rent. The LL doesn't care who pays it, as long as its paid. So the LL has no reason to evict your roommate.

You are roommates; you do not have a landlord tenant relationship with your roommate, so you cannot evict him. Additionally, assuming he on the lease, he has every right to stay there and NOT pay any rent, because you will pay it. If you don't pay it, both of you will be evicted.

You have no legal remedy against your roommate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.