Is it possible to evict 1 tenant with 2 on lease - Florida

[Justin Mariniak]

Good morning Bigger Pockets community,

I am having a tough time with a new rental property.  I have a duplex here in St. Petersburg Florida where one side is rented by two gentlemen.  One of them pays on time, keeps in touch and is an outstanding tenant.  The other is quite the opposite.  He is  at least 3 days late every month (but pays the $50 late fee) but only after I call/text to remind him.  We are now on the 11th day of this month and he has not paid.  I am wondering what I should do. Obviously I need to proceed with eviction but that will negatively impact the other tenant.  Is there a way I can get the bad one out and keep the good one? Is there a notice I should have formally issued already before beginning eviction.  Any help on this would be greatly appreciated!  It has been a big source of worry and I want to make sure I do right by everyone involved.

Thank you,

Justin

[Leah Stuever]

They are joint and severally liable I assume. If they are both on one lease. So it isnt one tenant paying late. It is both. They are together both responsible for the full rent. How they split it is between them. This is why you should never allow rent to be paid in part. It is one payment at one time. 

No you cannot evict part of the lease. They are one entity and an eviction is everyone on the lease. Because the lease is being violated in whole.