How should I go about evicting my roommate?

I live with her in a house my grandparents own, and we have an oral agreement of $100 a week (very generous for the area), which she hasn’t paid in about 2 weeks. However that is not the primary motivation for the eviction. My family wants both of us to move out so a higher paying renter can move in. My roommate has documented mental illness which causes her to get very irrational and angry at me, and she has threatened destruction of property on more than one occassion, including on an online social network which still contains the post. If I were to infuriate her enough, I may even fear for my safety. She threatens to drag her feet legally if I try to make her leave.

Asked on September 15, 2012 under Real Estate Law, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You must comply with the Florida Landlord-Tenant statutes to evict a roommate.  This requires you to give notice to leave the premises and, if she does not leave, filing suit for eviction.  Google Florida statute 83.56 and 83.57 for the means to give notice.  If you have to file suit, you can usually find information and forms on your County Circuit Court website.

If your roommate has not paid rent, then I would recommend giving her a 3 day notice to pay the rent or vacate.  If she pays the rent, she can stay and then you will have to give her the longer notice.  You might want to give her both notices at the same time.

If your grandparents are the landlords, then they will have to give the notice.  If your roommate becomes violent or threatens you, you can call the police.  You can also take out a domestic violence injunction against her if she becomes violent or threatening.



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.