Just a share.

Mother's sister and BIL are LLs, south central Florida.

Not real sure of exact timelines.

Anyway, female tenant allowed another female to move in as a roommate. They get into an argument and police are called.

Police make the lease holder/female tenant leave the property.

The "roommate" does not pay the rent, not allowing anyone to enter the property, etc. BIL has been before the Judge twice trying to get the roommate out/evicted. Judge states the lease holder/tenant has to request the roommate leave. Yet, the lease holder/tenant isn't allowed on the property.

I smile to myself. Even though I support our state LL/T laws there are times when I think of childhood stories I have heard.

I expect that there is a straightforward way for such a problem to be resolved. But it seems that M's s & bil have determined to do it themselves without benefit of any expert.

Tell them to see a competent landlord/tenant lawyer, especially one that works exclusively for landlords.

Moshe,

This happened sometime ago. An attorney was used in the resolution. Only the LL's attorney represented the initial tenant whose name was on the lease.

I thought it was interesting that the LL could not "evict" due to non-payment of rent, even with a Tenant at Will.

SHAUN,

I dont understand: the LL's attorney represented the initial tenant whose name was on the lease? Who hired the attorney? LL or initial tenant? Who was attorney representing?

Without knowing anything about FL law, I would imagine that the way to handle it would be for LL to hire attorney who would sue initial tenant for eviction based on nonpayment of rent, then when judgement is obtained that initial tenant no longer has right to occupy, then neither does roommate, allowing roommate to be evicted as squatter with no right of occupancy. But LL needs attorney REPRESENTING LL with sufficient competence in LL/Tenant law.

I am very surprised if such a problem does not have any solution, even in FL. Such a conundrum must have come up before. Needs a COMPETENT attorney to solve it, one with appropriate credentials.

First, FL LL/Tenant laws have change greatly, since this happened.

My real question is why did the Sheriff Deputy make the initial Tenant leave? She had the right to be at the property.

Why didn't the Deputy make the "roommate" leave.

The Judge's stand was that the Initial Tenant had to request the "roommate" to leave, not the Landlord. However, the roommate would not leave. Which is how the BIL got into the middle of it.

Personally, I usually take the stand...either they go, or rent goes up $50. per person per month, provided they pass my screening/application criteria or everyone can go.

-----OH COME ON,....is this spoofing.

basic LL 101, and first week of real property law.

The landlords and attorney here sound like The Three Stooges from decades ago.