Legal Question in Landlord & Tenant Law in Florida

I am on a lease for a condo in which I needed another person to move in to help with rent 8 months ago. I am now financially stable enough to cover his share, which isn't even half of rent/utils. Over the past few months, he does not keep the house sanitary, cleans own messes, and has TV/Music Bass loud well after midnight. I now want him to vacate, and since he is month to month, I plan to give him 15 days to vacate according to Florida Statute section 83.57. My original lease states there are to be no sub-tenants to begin with. My question is can I serve him with the 15 day or does my landlord, the actual homeowner, have to serve him. Also, if he refuses to leave after 15 days what action to take? He is affecting my work and school and being extremely disrespectful towards me.

Asked on 3/30/13, 1:27 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You can serve him the notice to vacate yourself. You dont have to get your landlord involved and in fact you dont want your landlord involved. You will have to file suit against him if he does not leave voluntarily. DONT ACCEPT any further funds from him once you give him notice that the tenancy is ending.

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Answered on 3/30/13, 1:59 pm

Thomas Rosenblum Rosenblum Law Offices


I agree with the above ans. You would be in theposition of landlord. You go to the Clerk of Court---County-Civil. You will need to file the required papers for an eviction. There are filing fees and a charge for a process server. You have to follow a lot of procedures with your filing. Also, 5 days after he is have to do some things...file some more pleadings, etc.

Good luck. I f my office can be of any assistance, pls. caall. Tom Rosenblum

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Answered on 4/01/13, 2:54 pm

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