However, it's crucial to remember that while your roommate agreement is a binding contract between the roommates, it's not the same as a formal lease agreement. Thus, any eviction based on it must still adhere to Florida's landlord-tenant laws.
Any roommate who is named as a tenant in the tenancy agreement is presumptively a tenant with rights and obligations under the Act; whether any roommate is a tenant or not is ultimately a legal determination that can only be made by a Residential Tenancy Branch arbitrator who will weigh the factors in favour and ...
Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked.
A tenancy agreement may end when someone goes against one of its material terms Residential Tenancy Act: Section 45.3. If a landlord or tenant breaches a material term and the other party wants to end the tenancy, they must send a written warning to the party who breached the term.
An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the Residential Tenancy Act. This type of living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates.
A Roommate Agreement is a written contract between roommates that outlines their rights and obligations while living together. This agreement includes house rules, maintenance duties, restricted behaviors, and more. For a Roommate Agreement to be useful, everyone sharing the household must agree to it.
Contracts made under duress are invalid and unenforceable. Parties must voluntarily consent to be bound by the agreement without coercion or intimidation. If any party was compelled to enter into the contract against their will, it will invalidate the contract.