How do I evict a roommate?

UPDATED: Sep 2, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 2, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I evict a roommate?

My ex-boyfriend and I are renting a house; we are both on the lease. He is not paying any bills or rent and I want him to move out but he refuses. Is there any way to have him evicted without getting evicted myself?  Also, I have a deadbolt on my bedroom door and I have told the ex-boyfriend not to go in the room. However, he broke into it and stole an expensive TV. I filed a police report and they told me that because we used to be a couple and live as a “family” that this guy has a right to lay claim on the TV that I bought. They said he could claim half of everything that is in my house. We are not married, so I didn’t think that sounded right. What are my options with this situation?

Asked on September 2, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and your former boyfriend signed a written lease with your landlord for the unbit you both occupy but have no written agreement between you both setting forth the obligations that each of you owe the other about the rental, you are in a difficult situation if he is occupying the unit but not paying any of the expenses.

Under your agreement with the landlord signed by both of you (assuming you have a written agreement) sets forth your obligations to the landlord and vice versa in the absence of conflicting state law. However, there is an implied agreement between you and your former boyfriend to equally pay the expenses of the unit you share.

If he is not paying his fair share, you are in a difficult situation.

One way to try and resolve the situation is to see if somehow your landlord will initiate eviction proceedings against your former boyfriend for his failure to pay rental share. If the landlord assists you in the eviction process and your former boyfriend is evicted from the unit, you would be able to get a new roommate.

Another option is to bring a small claims action against your former boyfriend for the amounts that you are paying beyond what you should be obligated as well as for the television he took. However, doing so while he is in your unit could create more problems for you.

Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption