whom do i evict?

[miamibeachbeka]

hello,
I am a landlord in Miami beach and have the following situation: I have a lease with a tenant who moved in with roomate. His roomate was never put on the lease. The tenant who was on the lease moved out without notifing me. I accepted rent from the roomate once he told me that the original tenant is not returning. Now the roomate has not paid rent for 1 month. Whom do I eveict?? The roomate keeps tailing me along by every week saying he is moving out by the weekend. Whom do I evict??

[OHlandlord]

First serve the pay or quit notice that is appropriate for your state. Once it expires, you file eviction against the original roommate and anyone else in the unit by listing "John Doe (original tenant) and all others" on the paperwork, or "John Doe, Jim Smith (current occupant), and all others (this would be best). The original tenant is still on the hook since he never notified you that he moved out. Proceed as usual from there. Listing all occupants names will place eviction records on each one's court record. Including and all other will cover any other unauthorized people who happen to be there.

Ignore all the roommate's stories. Don't take his phone calls unless he has an emergency. He will promise anything to keep from being evicted. I also wouldn't accept any rent from the roommate as his name is not on a lease and you have no agreement with him. Accepting rent from him will create a month to month agreement with him. Let him contact his former roommate about the notice he receives with both of their names on it. Too bad for the former tenant who left without notice since this will ruin his record.