Landlord / tenant to tenant dispute, Florida

Landlord / tenant to tenant dispute, Florida

SFR Investor · Brandon, FL · Member since 2014 · 13 posts · 0 votes

Seeking quick guidance:

I've had a good tenant for a year, who brings in an old friend to be a roommate. Given the history of the good tenant, I start a new lease with both individuals signing the lease, valid February 2016 to February 2017.

Enter tenant to tenant dispute and I would love advice. This is in Florida, In three hours from boarding a plane across to the Southwest U.S. (great timing).

Tenant 1 (longer-term tenant), complains of difficulties, verbal arguments, and wants the newer Tenant 2to leave (I found out today, Tenant 2 verbally agreed to pay Tenant 1 a portion of the rent payment with Tenant 1 paying the full amount to me). Tenant 1 leaves an "eviction notice" telling Tenant 2 to leave at the end of the month. They don't have a formal arrangement and together they are not in violation with the lease (paying on-time etc). Thus this is an invalid document, which Tenant 2 gives to attorney, who reaches out to me, letting me know this is invalid.

That's where we are: two tenants, whom are having significant arguments and difficulties, but at this point at valid on the lease.

1) What should I do?

2) What should I let Tenant 1 know? I presume, at least let her know she might want to get an attorney as well, since Tenant 2 has brought one in?

3) How else to resolve this scenario.

I spoke with both tenants on the phone. Both have great animosity towards each other. My gut (which only means so much), tells me that tenant 2 is looking for a free ride and will do everything to not leave the property. That leaves Tenant 1 with the dilemma to leave and violate the lease (at least for her). It doesn't seem like both tenants staying will be a solution!

Hopefully I can get some advice, but for two weeks I'm supposed to be hiking National Parks of the Southwest!!! Thank you all!

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  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    10y

    I wouldn't get involved. They chose to live together. It's not like you placed one there and forced them to be roommates. They need to work it out. As long as they are upholding the lease agreement you have with them and they're paying the rent on time, I'd stay out of it. After all, there's really not much you can do anyway since they are upholding the lease agreement you have with them at this point. 

    Now if that changes for some reason and they start not paying rent, that's when you should get involved. But not now. 

    Tell them that and then go enjoy your vacation. :)

  • Attorney · Winchester, VA · Member since 2015 · 726 posts · 387 votes
    10y

    You should consult with a local attorney prior to getting involved and writing anything. Why? Getting involved could open you up to liability depending on what you say to whom. Additionally, you may need to "interplead" in the lawsuit since you have a valid interest at stake based on these two tenants duking it out, and you may need to secure the rights you do have. Find a LL/T lawyer soon to discuss.

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