Miami, FL asked in Landlord - Tenant for Florida

Q: Name not on lease roommate turning in apartment, can they force me out or will they have to evict me?

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3 Lawyer Answers

A: Once the lease ends, you have no legal right to be there. You need to be an adult and leave before or with your roommate.

Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer

A: It's not clear what you may mean by "... can they force me out ...?" No, the landlord can't, for example, grab you by the scruff of the neck and pull you out of the premises; they would have to get a court order or writ that the police turn you out; that process is what is normally called an "eviction".

Bruce Alexander Minnick agrees with this answer

A: The general rule is that unless your name is on the written lease you have no legal right to stay there. So if you ignore this situation the landlord will either give you a "five days to vacate notice" (unlawful detainer notice) or a 15-day eviction notice (normal way to force lawful tenants to leave).

CAVEAT: If you do not leave and if the landlord has to go to court to remove you, your ability to find another place to rent will be nearly impossible because landlords check the court records before accepting new tenants.

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