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NosyBut's avatar

Neighbor kicked out a roommate, but is being sued. Does kicked out roommate actually have a case?

Asked by NosyBut (161points) December 22nd, 2011

Let me just say that I’m happy that this didn’t happen to me, but it’s not fun to witness either. The state is in Florida. I’m asking this because somone nearby me recently kicked out a “former friend”(who was coming back from vacation) by changing the locks and then saying that she sold former friend’s stuff to pay rent. Tenant friend says that Former wasn’t on the lease, so it’s Tenant’s apartment.

Former is advised to sue for the value of her stuff and get better friends. She does, but she is also suing Tenant for wrongful eviction. Former claims to have stayed for close to three months which would give her residency at the apartment. Needless to say, Tenant is furious and has been screaming up and down to those around her that Former, “Can’t do that! She was just a guest! Her name wasn’t on the lease! She has no right!”

Tenant has been trying to tell Former this, but Former isn’t relenting and doesn’t believe anything her ex friend says(not that I blame her).

The people around Tenant are saying that she is screwed. Is she? And what would a landlord do in a situation like this?

Thanks for reading. This sort of thing piqued my curiosity a bit.

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7 Answers

FutureMemory's avatar

Too confusing to read.

YARNLADY's avatar

The laws and regulations vary in different states, counties and cities. There are so many rules, it is up to the courts and the lawyers to discover who prevails. It really isn’t worth the time and expense to go to court over what is essentially a petty argument.

lillycoyote's avatar

@YARNLADY Said the laws vary from state to state and city to city and the courts will have to sort it out, but just because the evicted person wasn’t on the lease doesn’t mean it’s o.k. to just change the locks and toss them out on the street. Very likely, in the eyes of the law, the crappy friend and the tossed out roommate had a landlord tenant relationship. Did the person pay rent? But it is up to the court to decide, according to the local ordinances and state laws of Florida.

elbanditoroso's avatar

I agree with @FutureMemory that your writeup is confusing.

But the lesson here: Actions have consequences. When person A kicked out person B, did she think there would be no reaction? If so, then she was an idiot for not thinking things through.

It’s difficult to say who is right and who is wrong. We don’t know the details and dynamics between the two. Even if Crappy had the legal right, it was a lousy thing to do.

The whole thing will be tossed out of court as a waste of the court’s time. THese girls ought to grow up.

john65pennington's avatar

Writ of Eviction is needed for an eviction, where residency has been established and receiving mail. Selling her property was a theft. She will need an attorney.

Judi's avatar

I don’t know about Florida, but in California it would be a wrongful eviction. It would not matter if her mane was on the lease, it was her home and the tenant evicted her without going through a legal eviction process. Not only that, she stole her property and sold it. In California, you have to give a legal notice of abandoned property and give them time to reclaim their property. (I think it’s 14 days from the notice, but don’t quote me on that.)
I know that California has some pretty strict laws when it comes to evicting someone from their home. They don’t have to be on the lease in order to have rights. I believe Florida is the same.

NosyBut's avatar

Thank you for your answers. Confusing? I didn’t mean to cause any confusion, but it’s like describing a crime scene as an eyewitness.

To clairify: Former moved in soon after Tenant/“Crappy”. Tenant claims that Former was not on the lease or paying rent. Former went on vacation and then Tenant changed the locks and sold Former’s stuff “for rent”. Former is suing for damages, theft, and wrongful eviction. Tenant complained to everyone who would listen, myself included. The consenus was that Tenant is basically screwed and would need a lawyer.

Did that clear things up a bit?

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