Can He Evect The Girlfriend?
I just put a LO buyer in my property (lease is on his name only). They did not have the money upfront so I agreed to a monthly payment (above the lease amount). I did this so I at least have the house occupied; letting the house sit vacant at this time gets me worried as its a slow season. Now they have differences; she won’t pay her share; he asked the girlfriend to leave but she won’t. The police told him that he has to evict her (?) since she has residency now. He wants to get a room mate after she is gone to cover the expense. I know we don’t allow sub-lease but I think this is different since he will be there with a room mate. How would you handle this?
The boyfriend cannot put her stuff out because whether she is on the lease or not in a lot of places after living there 30 days or more she has to be evicted. If the cops told him to evict her he has to do so.
What you can do is if your lease prohibts anyone cohabitating without written permission you can write him a letter that will help him with getting her out.
You can sit here and theorize all day about who is and who is not a tenant. But this is what happened to James Lee in Seminole County Florida.
The girlfriend was living there and paying. That makes her a tenat not a visitor.
That means the boyfriend has an unwritten lease tenancy with her and has to evict her. Once she has a share to pay she is not a "guest" and cannot be put out at least not in Florida
See Florida statute chapter 83[ Edited by linlin on Date 10/28/2006 ]
What part of chapter 83 states anything about how a tenant removes a guest from a unit?
Definitions 3,4,6,7 of 83.43. The OP clearly states "she won’t pay her share" that makes her a tenant not a guest. Guests do not have a share to pay.
If she has a part of the rent that is her responsibility then by definition she is a "renter"
Also, if the OP knew she was living in the property and paying rent, then by his or her actions they may have granted tenancy to the Girlfriend.
The OP did not clarify if they are getting their full rent paid every month. If they are, then there are no grounds for eviction. If the boyfriend is not paying because he is not getting any money from the girlfriend, then the OP has no choice but to evict both Boyfriend and (ex-)Girlfriend and find new tenants or re-rent to Boyfriend alone.
My 2 cents.
JS.