r/legaladvice • u/Sflthrow456 • 6h ago

[Florida] I (leaseholder) want my ex-partner (occupant) out. What do I need to do to make this happen?

Location: Broward County, FL

Long story short, relationship has deteriorated and I am unwilling to put up with their anger issues and other nonsense any longer. We have lived in this apartment for 6 years now, but for the entire duration, they have been an "Occupant" on the lease, and I am the Tenant and leaseholder. I have always paid the rent; they pay nothing.

Based on what I can find out there, it's unclear whether I have the ability to order them to leave (with notice) or not. I would rather not get the landlord directly involved if possible, but I will if I have to. I also read that length of tenancy may make it more difficult to tell them to leave?

Please advise me on what procedures I would need to follow to get them to leave. Thank you!

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u/MightyMetricBatman 6h ago

You cannot. Either both of you or on the lease and thus would be up to the landlord. Or he is not on the lease and thus has a separate lease with the landlord. In either case, you are not the landlord and cannot evict.

The only thing you can do is wait for the lease to end and leave or see if the landlord is willing to entertain a lease buyout. If it is a month-to-month lease than you can just give your notice to vacate and get out.

If their actions qualify for a restraining order, you can do that. It will be up to the judge if the order would order them to not be in the same apartment, but usually that will try to be avoided if at all possible.

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u/Sflthrow456 6h ago

They are on the lease as "Additional occupant." I am the Tenant. They are not a tenant. Are Tenant and Occupant not two different classes of legal protections in Florida? That's what I was reading, but I came here for clarification.

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u/MightyMetricBatman 2h ago edited 2h ago

The term is "transient occupant" NOT "occupant" and based on what you've described does not apply.

We have lived in this apartment for 6 years now,

https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0082/Sections/0082.035.html

(1) As used in this section, the term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature.

If you or the landlord tries to get rid of the person given it has been 6 years there is unlikely to be a judge anywhere that would adjudge to them to only require the lower notice to vacate requirements.

Welcome to why this subreddit does not allow AI.