My roommate gave her 30-day notice (Oct 22nd) to move out of my house, but still has her property in her room. A new month has started & gone. Is it legal for me to still have her pay rent when she is not (physically) living there?
2006-11-04 09:35:06 · 7 answers · asked by afantasyplayer 1 in Business & Finance ➔ Renting & Real Estate
If your roommate gave you a 30 day notice 10/22 she is still responsible for rent thru 11/22. She is still considered a tenant until the 22 you can be nice and pro rate the rent for the 22 days. Please do not throw her stuff to the curb, you would be responsible for it if it went to court. Good Luck KG
2006-11-04 11:57:09 · answer #1 · answered by kgreives 4 · 1⤊ 0⤋
I'm not really sure what your question is.
People are supposed to pay rent until both they and their stuff is out.
This isn't a question of her having to leave a table or something behind because it wouldn't fit in the moving van, and she's going to have to pick it up later. In that case, no, you don't charge her.
If she wants to move before her 30 days or calendar month is up, fine, but unless you say otherwise she owes you rent for that month. It you want to cut her a break, that is entirely up to you ... but she does owe you the money and it is perfectly legal to accept it.
P.S. Locking someone out or putting their stuff out without having first taken all the legal steps involved in an eviction and obtaining a court order is against the law. It's called a self-help eviction, and you will get sued, arrested or both. It doesn't matter that it is "your" house. When you accept rent, you enter into a legal relationship where you give up or transfer certain rights you formerly had all to yourself.
2006-11-04 09:41:09 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 1⤋
Yes, she should absolutely pay rent if her stuff is still in the room. Until she vacates you cannot re-rent or do anything else with the space. I would change the lock on the door to the room where her stuff is and to the front door (lock sets are about $21 at Home Depot) and not allow her access to her stuff until she paid up or else I would take it out of her deposit if she gave you one. At this point she should have paid for all of Oct and 4 days into Nov.
Look, sure if she says she will take you to court for her stuff then give it to her, it's not worth going to court for but if a bluff can get you your money then do it. It's standard practice for people and businesses to do it to collect money owed.
2006-11-04 09:39:07 · answer #3 · answered by Not Laughing w/ U 3 · 0⤊ 2⤋
You don't pro-rate rent do you? I don't. It's no different than a gym membership. I'm going to cancel after this month, but if I don't go the last two weeks then you don't get money back. The attorney is a boob.
2016-05-21 23:44:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well...apparently she is still using space within your home so I think you are within your rights to have her pay rent. Either that or box it all up, plop it on the front lawn and call and let her know where she can find it.
2006-11-04 09:43:20 · answer #5 · answered by Sunidaze 7 · 1⤊ 3⤋
Yes You should charge her she left her stuff behind if don,st come back sell her stuff
2006-11-04 19:01:00 · answer #6 · answered by pattibcacl 6 · 1⤊ 1⤋
Money is always good, when it's earned.
2006-11-04 09:42:25 · answer #7 · answered by grouchy bato 2 · 0⤊ 3⤋