About Sylvia Bergthold Expertise I can answer questions dealing with roommate situations including compatability, leases, placing roommate wanted ads, what you have to offer to a roommate, sharing of utilities and other services, interviewing techniques and questions, some legal aspects of housesharing, clearance information, etc.
Experience I have had roommates in my home for over 32 years and am the author of:
"SORRY, THE BOA HAS GOTTA GO!" A Roommate Survival Guide
Publications The Los Angeles Times, The HB-FV Independent, The Arizona Tribune, Lansing Michigan Rental Guide, Roommate Locator Newsletter, The Plain Dealer,, Las Vegas Sun, Apartment Lifestyles Magazine, Instyle Magazine, The Whiz.com, Cosmopolitan, Under 25, The Portsmouth Herald
Expert: Sylvia Bergthold Date: 11/28/2006 Subject: Evicting a roommate
Question I live in a apartment and allowed my brother to move in about a year ago. We got into an argument because he recently moved his girlfriend in as well. I want him (and her) out. He refuses to leave says that I have to evict him legally. I live in Miami, FL and he is not on the lease. We never made arrangements as to how long he will be here and his girlfriend has never contributed anything towards the rent. Please help. He's not even supposed to be living here.
Answer Hi Jaime
The big problem is you live in Florida. They do everything different in Florida and to be honest, you will have to get advice from either the Fair Housing Council (usually part of city hall), an eviction service, your landlord, or an attorney.
Going to your landlord is a sticky situation because he could evict ALL of you because you broke the lease. Of course that is ONE way of removing your brother and his girlfriend but you are being punished here also.
Going to the Fair Housing Council for advice and options might help you but from what I hear about them in Florida, they don't know the rules either. Nobody seems to. But hey, try them anyway. Bring a copy of your lease agreement with you.
Going to an eviction service might help you....or not. It depends on how they feel about evicting someone from an apartment without the knowledge of the landlord. OR...if they will do it at all because YOU are not the landlord. They might advise you however on what to do.
Normally you would give your brother AND his girlfriend a WRITTEN 30 day notice to vacate. You can find the forms on-line, in the library and in by book. But since he is being a real BAD GUY about this, I doubt very much he would pay attention to this notice. So....that leaves going to the Legal Aid Society and seeing if they can help you. An attorney might tell you to file an unlawful detainer or help you fill it out. It is a very legal document and you will probably need help with it.
Anyway, that is all the info I can give you. Just remember my number one rule in my Roommate Survival Guide. NEVER let friends or relatives move in with you as roommates. But I guess I don't have to remind you of this...you learned the hard way.
