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Can I Evict a Roommate Who Isn't on the Lease in Florida?

Yes — if your roommate never signed the lease and never paid rent directly to you (or the landlord, on your behalf), Florida law treats them as having no legal right to remain, and an Unlawful Detainer action can be used to remove them.

Why This Depends on the Lease, Not Just Who's Named On It

The key question isn't just whose name is on the lease — it's whether an agreement to pay rent, verbal or written, ever existed between you and the roommate. If your roommate paid you directly for their share of rent, that arrangement could be considered a rental agreement, which would call for a standard eviction instead.

If You're the Named Tenant and They're Not

This is a common scenario: you're on the lease with the landlord, and you let a roommate move in informally. If that roommate never paid you rent and there's no agreement, Unlawful Detainer is generally the correct process to remove them — separate from your own lease with the landlord.

What About Your Landlord's Lease?

Your own obligations to your landlord under your lease are separate from your legal options for removing an unauthorized roommate. Removing the roommate through Unlawful Detainer doesn't affect your own tenancy.

The Legal Process

File a Complaint for Unlawful Detainer with your county's Clerk of Court, have the roommate served, and if they don't respond within 5 business days, you can pursue a default judgment leading to their removal.

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Your Solution Partner is not a law firm and does not provide legal advice or legal representation. We provide document preparation, research, and informational services only, based on Florida court-approved forms and the facts you provide. No attorney-client relationship is formed.