How do I make my roommate pay the rent?

Question

I own my own house that was just built in 2005, but have had a roommate for 4 months. We had a verbal agreement concerning the rent, but he's paid for only 2 of the 4 months and those payments were in cash and in increments. He has never paid the full amount on the first day of the month and so far, I've received nothing for this month.

He's also taken a chunk out of the sink in his bathroom (must've dropped something on it) and ruined or damaged some other furniture and carpets in the house. Did I mention the house is brand new??? Since we never had a written agreement can I just kick him out with no notice? He said he will pay me on the 23rd, so should I hope for that to really happen or just kick him out now?

Just an add on - I don't need a roommate to help with the bills, this was a friend that I have known for years, who had lived in shady hotels for the whole year until he moved in with me. He knew it was temporary and I don't want him as a roommate at all now, I just want whatever rent I can get out of him and for him to move out.

Answer 1

The fact that he's payed at all is evidence of your verbal agreement. You could sue, but if you want to improve your chances of a successful suit, I'd get something written out of him first (just a signed note promising to pay the back-rent due will be an extra sign of the verbal agreement). Put it nicely though - say that you need it for your Bank Manager or something, so they know you'll be able to pay off an overdraft. Once you have that, file your suit, and give him notice to quit the property. Because he's resident at your property he may actually have tenant's rights despite not paying rent or having a contract, so give notice properly, and do everything from that point on through your solicitor.

Answer 2

2

Answer 3

I bet the tension is thick and could be cut with a knife right now.

Is this his legal address? If his license and bills show this, you will probably have to evict him through legal channels. You will have to document all interactions you have had - damage to items, when rent was paid and how much to show not living up to the verbal agreement, etc. Don't lie and take pictures of the damaged items and how they became that way.

If not, you can have the police to remove him as a tresspasser. You let him stay for a short period of time, but now won't leave. He had overstayed his welcome. Get all keys with the police present. Be ready for possible retaliation - have locks ready to change out after he is removed. Lock down the house until you are sure nothing is going to happen - don't leave windows and the garage unlocked. Let neighbors know about the situation and if he is seen when your not there, call the police immediately. I have a retired couple living with full view of my house and caught an ex-tenent in my house 6 months after leaving and was arrested. She had a bag with 50% of my stuff!

Next time, draw up a simple contract so there is no question to the legality of it. If the person won't sign, that is a red flag. Sign it or your not moving in. If a person pays his/her bills on time, they won't care about signing.

Answer 4

There are laws that actually protect room mates, although there are laws to protect you too. First, and make it legal, file a notice to quit for non payment of rent. I would do this on THE NEXT BUSINESS DAY. In most states, you cannot just toss someone out. Additionally, you can take him to small claims court to recover the amount for the cost of damages (including back rent). Just because you dont have a rental contract, your word is a verbal contract, although less likely to be able to enforce, although, in this instance, it is evident that you wouldn't just allow someone to live at your house for free and than destroy it. This individual already owes you for past rent and keeps putting you off. All this time you could had always another fine roommate that would PAY YOU ON TIME and NOT DAMAGE YOUR HOUSE. I realize that accident happen, although in you instance, it sounds like this roommate is just careless. BTW, how old is this individual? There may also be a loophole that will allow you to be rid of this roommate on the fly!! Next time you have a room mate, get it in writing! Always have that as a golden rule: "GET IT IN WRITING." A security deposit is always a GREAT idea too!! (Please note: these pre-printed forms are available at the Courts(w/o instructions and also at any office supply store...check it out). Good luck!

Answer 5

Then you need to sit him down and tell him its time to go somewhere else. Now you know why he has nowhere else to live because he doesnt pay his bills. Thats the only way. You may also have to decide if you want the money more than for him to go cause if he goes you will probably never see the money. Its your house you have no written agreement you can ask him to leave at any time and he has no recourse. You could wait until after the 23rd and hope he pays or kick him out now and take the loss.

Answer 6

Unfortunately because you don't have a written agreement you will not have any legal recourse to recover unpaid rent or damages. As far as waiting to see if he'll pay, what has history shown you? Does he pay when he says he will. It may be time to cut your losses Next time get a simple rental agreement off the internet. And get a security deposit but know that you must submit a written statement with receipts and the unused deposit within 21 days of the tenant vacating. Good luck.

Answer 7

This renter cares nothing about your home. These type of people are out there and you can not change them. Many do not even change when they get there own home.
This renter will ruin your home and never look back. Get rid of him asap. Screen your room mates better and see how they live before you allow them in your home. There are lots of peolple wanting to rent a room so it will be easy to find another person.
This guy sounds like a free-loader and it will get only worse as time goes on. He is taking advantage of you. If he can not pay his bills on time you do not want him.

Ask him to leave. Give him a date he must be out. Tell him if he does any damage to your home you will take him to court. These type of people will do damages on the way out the door, so be carefull

Since he was paying cash if he took you to court it is his word against yours. From now on, please always have a rental contract drawn up. You can get there at a office supply store or real estate agent.
Cover your back.

Answer 8

1. I hope you made him pay a deposit when he moved in - then you can use it to pay for the damage he has done.

2. Explain to him that you need his money promptly each month or it causes you difficulties.

3. Say to him that you will give him until the 25th "just this once", but next month and every month it has to be on the 1st

4. If he doesn't agree to any of this, don't kick him straight out, give him legal notice to quit. Do everything by the book, and then you can use the law to get rid of him if there is any trouble.

Answer 9

As the homeowner, he is actually your tenant and you are bound by Landlord/tenant laws - even though there is no lease, it defaults to month to month and you actually have to evict him.

The thing is you can't do anything until you start the "legal clock". Send him a 5 day notice to Quit or Pay Rent.....(you can find the form and make your own using Word.....deliver and mail it to him.

Don't wait until the 23rd - give hm notice now and then "yippie" if he actually pays you in full on the 23rd - if not, then you are legally allowed to continue your process.

On the sixth day, you can then go down to the local small claims (very straightfoward and easy) and request a hearing date.

google your state and landlord tenant laws to find out the proper wording for the Quit form (in AZ, for example, I have to declare a material or immaterial Non complaince....).

As landlord, I deliver the Quit Notice if my tenant is late by ONE HOUR!!!!!!! - my lease states 3pm on the due date.....at 3:05pm, I'm preparing the Notice.....never "wait and see". I want to be able to proceed as soon as it becomes apparent they are not going to pay.

As month to month tenant......you then want to formally notify him that you are not extending your verbal agreement and that he has 30 days to move out......(this part you may want to wait if you truly think he might pay you.....if he does, you still need to give notice that he has 30 days to move out.....

Answer 10

Sounds like your friend doesn't value your friendship or may be jealous of what you have. In any case -- business is business and if he doesn't want to pay on time -- kick his a@@ out! Check with your local laws because in some places if a person lives in your home for over 30 days they are considered tenants and you have to go through proper channels to evict them.

People will use and abuse you if you let them. Time to evaluate that friendship for real. You shouldn't have to beg for what he should automatically do -- if he lived in an apartment he's have to pay on time.