Do I have to have a good reason to kick out a subletted roommate?

Question

So this is a long one. My friend and I moved into this apartment about 6 months ago. About a month after she signed a lease, she decided that she couldnt pay rent anymore, so she subletted to this guy she met off of craigslist. She didnt contact the apartment complex about subletting to him when she did this.

Well, as it turned out this guy was very annoying. I cant talk to him about bills without him getting pissy, he has a kid that comes over more often that he said the kid would be coming over, he was late on rent once for like two-three weeks. He has granades and guns in his room, which is really wierd.

Well, I talked to the leasing center about my problem and they said he was an unauthorized guess and he had to get out, or id be evicted.

So, we are wanting to kick this guy out now. My question is basically does it matter the reason if I kick the guy out?

Answer 1

no if and or but u can't pay the RENT U GOT TO GO

Answer 2

When your friend subletted without informing anyone, she most likely violated the rules of the apartment, meaning the move is not legal. The new subletter has to be approved by the owners of the building. You can pursue legal proceeding to evict him. The fact that he was brought in without your knowledge or the knowledge of the building owners should be reason enough. They own the building, they didn't approve him living there and they want him out. Case closed. You have to sign subletting papers before letting someone sublet an apartment, especially since neither of you were the owners of the building.

However, he could probably sue you and your friend for rent, etc. Your friend let him move in there and because you let him stay there for so long and accepted rent from him, he could argue that that shows that you approved of him being there. Even though the building owners didn't know anything about it, that's not really his problem. You'd better figure a way to get this guy out because HE could sue you for making him move for no good reason and the building owners could sue you for subletting without their approval. If he's been chronically late with paying the rent, you could use that as an excuse. Start documenting everything he does (being late with the rent, damaging property, etc.). Then serve him with eviction papers detailing the reasons. You probably have to file the notice with city hall or something. check with a lawyer friend to find out what exactly you have to do to cover your azz.

Answer 3

It sounds as though you have a variety of reasons to kick the guy out, but for your own sake, it would be better if you chose a non-personal reason. In other words, ignore the guns, the grenades, the kid and the late rent and stick to the fact that he is an unauthorized guest and you have no choice but to ask him to leave. That way the onus is on the leasing center, not on you, just in case he wants to get nasty.

Answer 4

If the landlord says he has to go, then he has to go. Be careful (diplomatic) in dealing with someone with weapons, though. One caveat might be that in some counties, if a person has been given permission to reside there by the other resident, certain laws apply that protect that person from just being kicked out on the street. Even your landlord would have to go through an unlawful detainer process to evict you. The bottom line is that your friend really put you in a difficult position, and if this new person will not move out voluntarily, you should give notice to your landlord and move yourself. It's a drag to move, I know, but it's better than what could happen otherwise. Hope that helps.

Answer 5

Since he is not on the lease, you are entitled to kick him out...use local law enforcement if you have to. However, do know that if he moves out, then you most likely will stop getting that half of the rent. If I were you, I'd investigate how to get the girl (you're supposed friend) of the lease so you can look for you're own roommate. Good Luck

Answer 6

You have more than one good reason to get him out. Especially if the owners are telling you - get him out or you go. He really is the illegal person there, and has no right. If you don't want to address the other issues when you present this to him, simply tell him that management said he has got to leave now. You might want to talk to them about letting you get a new roommate on that lease if at all possible if your friend has no intention of helping out in that regard.
Touchy situation there, good luck!

Answer 7

In California a sublet or roommate situation (where the roommate's or sublettors name is not on the lease) there is no notice whatsoever necessary. Play it where it lays in accordance with your states laws.

Answer 8

I think the fact that the leasing people will throw you out if he stays is a good enough reason without bringing up any other details.

If his arsenal is scaring you call the police about it - the guy might be a terrorist or at least an unstable whacko.

Answer 9

No because the agreement was illegal from the beginning ......so HE is a unauthorized guess, no reason to evict is needed. Good Luck and Be careful, Maybe you should seek the help of law authorities.

Answer 10

You need to kick him out. If he can't pay the rent he has to get out. Also, what your former roommate has done may be illegal. If she did not get permission for the new roommate to stay there she and the new roommate are braking the law. I suggest researching rental law for your state and local area.

Answer 11

Will I would say kick him out .If you want apartment put him out. Eviction are not good went you trying to move anywhere. Like, if u and your boyfriend wants house together. How you do that with an eviction on your backs. think about it.