What to do if I have a roommate who has not paid his rent for this month?

It is it now the 3rd. He has not given me notice that he will be moving out. How much notice do I need on a month to month tenancy with no lease? I am renting a room in my house. I have looked up the landlord/tenant law for my state but could not find the answer to my question, I thought I needed a 15 day notice from the tenant if I rent month to month, whether I had a written lease or not. What about my notice for him to pay the past due rent? How many days do I have to give to have him pay up?

Asked on September 3, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A month to month tenancy, which would be the casee with an oral lease, requires a month's notice, as the term implies.

The landlord of a tenant who is not paying--whether that is the owner of the building, or a tenant who is subletting to a roommate; that is, the person to whom the tenant is obligated to pay rent--may file an action for eviction for nonpayment without notice, as soon as the rent is not paid. If the tenant pays at any time before going to court on that action (remember: you can only evict through the courts; you can't simply lock someone out, even for nonpayment), he/she can stay.

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