A family member lives in Florida and rents a home. Lease is month to month. The ex-boyfriend (and his 3 kids) moved in this year in the hopes of making amends. Unfortunately, it did not work out and he is verbally abusive. He is not on the lease. The landlord provided a verbal approval for him to move in. Nothing is in writing. She is so stressed out with the situation that she decided to stay with a friend temporarily (starting last week), she plans to continue to pay the rent so that her credit does not get damaged. He is not contributing toward the rent, upkeep of the house, utilities, etc. He keeps saying that he will move out but he is not even looking for an apartment, he is just milking it.
How does a lessee get a non-lessee (and his kids) to move out of her rented house?
Banker · Nationwide · Member since 2020 · 2k+ posts · 1k+ votes
4y
Send a notice of eviction, File a complaint with the Clerk of Court, Attend the eviction hearing, File the writ of possession with the local Sheriff. You can also advise the landlord if he/she does not evict the boyfriend she will stop payments (Verbal force).
b. The probelm is he has kids so the court may allow him to file an "extension to Stay" which may provide an additional (60-90 days).
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
4y
This is tough because I think in most localities he now has full tenants' rights, despite not being on the lease. I think your family member would have to go to the landlord, explain the situation and get his cooperation in trying to evict him. There will be a cost, and if I were the landlord I would make that the residing tenants' responsibility. It's going to be a hassle, especially if this guy does not go quietly.
I know it doesn't help you with this situation, but hopefully there is a lesson to be learned by your relative and her landlord about allowing someone to move into a renal unit without a proper contract.