Fort Lauderdale, FL asked in Landlord - Tenant and Civil Rights for Florida

Q: Hello! How can I have an unauthorized tenant removed?

I am currently living with a 25 year old female in a 2 bedroom apartment in Fort Lauderdale, FL. On the lease is myself, this female, and my mother. Mother doesn’t live with us. Her significant other has been sleeping here for about 2 months straight and she is refusing to have him stay anywhere else. Is there any legal route I can take to get him removed? He does not pay rent or contribute to the household, has not been added to the lease, is simply just living here without a care in the world. Let me know if there are any options for me to legally get him out!

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The first issue is what the lease says, if anything, about how long guests may stay. The second issue is, does the landlord care? If the landlord cares, and the lease is being violated, the landlord may take action. If the lease is being violated, but the landlord doesn't care, you possibly may have legal grounds to VACATE the unit with an early termination of your lease (or your responsibility under the lease) upon seven days notice to the landlord requesting the landlord to cure the problem. In any event, your first step is to address the problem with your co-tenant. The logical way to look at it is this: the arrangement that's in writing envisions three people in the unit. Therefore, what is the damage/inconvenience to you caused by the third tenant being the boyfriend instead of the mother, who is the true third tenant on the lease?

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