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    tooniceforgood's Avatar
    tooniceforgood Posts: 1, Reputation: 1
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    #1

    Apr 2, 2012, 11:54 AM
    Roommate won't leave- not paying- do I have to still pay for his parking spot?
    My question involves an eviction in the state of: Florida

    I live in a major downtown area in FL, in a secured high rise, two-bedroom apartment. I allowed someone to move in with me on Feb. 15 and we had a verbal agreement that he would pay for half of February and put his name on the lease immediately. I even have texts where he stated that he had gone to the leasing office and the process was in motion for his name to be on the lease. He never paid for the half of February and on March 1st, gave me a check for half the rent. I had a conversation with him about the missing rent for half of Feb, and he basically brushed me off. He told me he was still paying part of the rent for his last place, but that's not my concern. I spoke with the leasing office periodically throughout the month and was told each time that they had had no contact with him yet.

    Since he still hadn't paid for half of Feb, wasn't on the lease, and had now started bringing strangers in that neither he or I knew (his admission the next morning when I discovered this unknown person in my living room), I asked him to move out on March 28. He flat out refused and said he was very happy with where he lived (it's a nice place with an amazing view, very high up, so who wouldn't be?). I explained that not only was I the only one on the lease, but I also have a huge deposit on the place, so of course he doesn't want to leave, he has nothing to lose! His next step was to put me in contact with a police officer (who I suspect was a friend because of his immediate condescending attitude with me on the phone-- I was in shock) and I was informed that he had 30 days to vacate. I explained that not only did he owe me rent, he was endangering my safety by bringing in strangers now.

    I understand everything has to be done legally and I'm a rational person, so I put a 3-day notice to pay or quit (for the Feb rent he never paid) on his door, of which this is day one. But since he's basically a squatter and could theoretically have a felony record that would explain why he doesn't want to put his name on the lease, I want him out immediately. He has essentially told me he's not paying rent for April (just to spite me) and will leave when he's good and ready. An evicition allows him 30 days (and I've heard possibly 90 because of the new law passed due to all the foreclosures). My question is that if I have the leasing office (who's on my side since he's not on the lease) turn off his parking transponder for the secure parking area of our parking garage, can he sue me and claim that it is part of the rent (that's he's not paying and owes me for a month and half already)? Our garage is owned by the city and my building just rents the secure area at the top, so if he can't access it, I think he will have to pay to park from now on it costs $2/hour, meaning he might move out faster. I am not touching his things, changing the locks, or in any other way disturbing his portion of my apartment, but I am unclear if I have to maintain a parking spot for him when it is not rent and is optional on my lease. Remember, we have absolutely NOTHING in writing. Thank you!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 2, 2012, 12:11 PM
    You can not take away any benefit or utility that was promised him up on moving in, if you told him he would have parking, you have to arrange with the lease company to allow him to have parking till he is evicted legally.

    So yes, if you turn off his parking, and he has to pay parking, he can counter sue you for parking costs, and even the issue of not being protected parking if something is damaged to his car.

    Next no he is not a squatter, he is a renter, he paid you rent, your only mistake you let him move in without havng a check in your hand first for a deposit and Feb rent.

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