Any advice out there? He's a subber--no lease. Haven't squoze a cent out of him yet. He's given us a 1k rent check twice--both bounced. (We have copies.) Both times, he was aware that his account was empty and wrote the check anyway. Once I get him out of my apartment (which is job one, as you can imagine), can I take him to civil court/claims court/press criminal charges in an effort to get my money back? Anybody know who I should approach first to make a report? Thanks all, and please don't laugh. I feel silly about it already...sheesh!
2006-09-23 17:15:55 · 17 answers · asked by kitron 2 in Politics & Government ➔ Law & Ethics
Any advice out there? He's a subber--no lease. Haven't squoze a cent out of him yet. He's given us a 1k rent check twice--both bounced. (We have copies.) Both times, he was aware that his account was empty and wrote the check anyway. Once I get him out of my apartment (which is job one, as you can imagine), can I take him to civil court/claims court/press criminal charges in an effort to get my money back? Anybody know who I should approach first to make a report? Thanks all, and please don't laugh. I feel silly about it already...sheesh!
Wait...here's an add-on: what I really need to know is whether check fraud in itself is legal, regardless of whether it's related to a living situation...(thx for all your answers already...)
2006-09-23 17:30:04 · update #1
The bank will take care of bad checks. What you need to know is YOUR rights as the person allowing someone to sublet.
There are many things you can do:
First define their situation: laws vary for "room-mates, boarders, house quests and sublets. If you have NO agreement then NEVER refer to them as "room-mate" this denotes THEM to have rights. Instead refer to them as a "guest" or boarder or roomer.
Do they recieve mail at your home address? Do they have personal appliances....ie. funiture, TV? Do YOU pay all the bills and they merely chip in? All these things define their position in the house/home/apartment or otherwise.
If so.........then they have established "residence" and it will be harder to get them out.
You can file for a civil suit in small claims court to recover any monetary loss. But you have to prove the arrangement was such as a "boarder/roomer" which will recognise YOU as an Inn-Keeper to this person.
You said "subber"? was this done by YOU and based on a verbal understanding with no paperwork involved?
First off you can call the Police and have this person removed based on the facts that they are NOT on the lease. And Never listen to a Police officer tell you about domocile rights and community property. Download these "roomer rights" and flash them to the Officer! Homeboy will be told to get his shitizel and leave within 15 minutes!
Evictions: Unless the rental agreement specifically states otherwise an innkeeper may evict a boarder at any time. The protection against retaliatory evictions afforded tenants does not apply to boarders.
This means that you need to identify this person as a "Roomer" and NOT a "room-mate. The law will protect YOU! Do some research on "roomer/boarder" law and you will find a way to get this free-loader out!
Been there, done that! I have had Police officers tell me that the "person" has community property rights and can take anything from the home? Once I showed them the "roomer laws" it was no problem for the Police to tell my so called "room-mate" to gather what ever they needed via clothes and get out of this lady's home!
Good luck to you...........
2006-09-23 18:09:52 · answer #1 · answered by Anna M 5 · 0⤊ 0⤋
Two options:
(1) Civil. This is a clear small claims court issue. He wrote you bad checks...a clear and obvious lack on his ability to pay a debt he recognized by writing the checks. You can file with your local small claims court. This will get you your money back. Be sure to tack on any interest you would have accrued had the money been in an interest bearing account, any legal fees including court filing costs plus any lost time away from income producing activities that you had to leave/set aside to pursue this claim (ie your job).
(2) Criminal. Depending upon your state, you may have a statute to file criminal charges. Contact your local law enforcement. Note that this will not get you your money back. Will only result in a criminal finding.
Good luck.
2006-09-23 17:21:34 · answer #2 · answered by Robert 5 · 1⤊ 0⤋
Do you have any thing written down and signed between the two of you? I know you said there is no lease. But anything is substantial and will be upheld in court. Keep the copies of the checks. Get him out and take him to small claims court. You need to talk to a lawyer and I'm sure there are ones out there that will give you the advice you need..Good Luck
2006-09-23 17:23:17 · answer #3 · answered by daisy 1 · 0⤊ 1⤋
Chances are you wont get anywhere with a lease agreement but definitely turn the bounced checks over to the local DA's office, then prosecute for amount of the checks plus any insufficient fund charges, interest, court costs, etc. At least he'll feel the burn where it hurts---in the pocket book.
2006-09-23 18:08:10 · answer #4 · answered by mr_fixit_11 3 · 0⤊ 1⤋
Passing a bad check is a crime, depending on what state you live in, it can be a felony. You would call the police and file a report, they would instruct you where to file charges at.
You also have no veral or written agreement with this person? That is just asking for trouble. For the small amount you may have to go to Small Claims Court, which can garnish wages.
2006-09-23 17:50:43 · answer #5 · answered by Frogface53 4 · 0⤊ 1⤋
Yes. I would have reported his check the first time. Do you have a contract? Bring the bounced checks to court and press charges. He has stolen money from you.
2006-09-23 17:18:22 · answer #6 · answered by BigBuggie5 3 · 1⤊ 1⤋
I would start with an Eviction notice, or tell the land lord he's a bum and you need his help to get him out, or pack his stuff and put on the curb get a few friends(guys)to help put his butt out the door, so there's three options..Oh one more find another place and let him have that one all to his self and see how far he gets..
2006-09-23 17:27:20 · answer #7 · answered by Just Dreamin' 4 · 0⤊ 0⤋
He has signed no lease and has paid no money. I would change the locks so he would no longer be living with me. Then I would take his hot checks to the DA's office.
2006-09-23 17:30:05 · answer #8 · answered by ? 5 · 0⤊ 1⤋
yes you can..as long as he signed a legal binding lease in front of witnesses and it was possibly notorized. has he given a reason why he has no money? maybe you could try and set up a payment plan for him...but if you don't trust him at all, take him to court. sounds like he needs a wake-up call.
2006-09-23 17:18:39 · answer #9 · answered by curious 4 · 0⤊ 2⤋
have some fun....press criminal charges...go to the arraignment..that means first court appearance where he pleads guilty or not and bail is set...also the judge will ask if he waives time for a speedy trial......they always do....insist you be heard....claim you will be harmed if justice is delayed.....insist that it goes to trial in 60 days.....what you are looking for is a guilty plea with restitution: eviction and your money....who knows what will happen bu it will be fun
2006-09-23 17:50:36 · answer #10 · answered by Anonymous · 0⤊ 1⤋