English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

It sounds funny, but this person drives me nuts. She lives with me for about 8-9 months, she has her mail as an evidence of her residence. She does not pay rent for the last 3 months.
Will it be LEGAL if I just change the lock and take her staff out of the house?

2006-12-08 07:13:54 · 9 answers · asked by Fromthefirstsight 2 in Politics & Government Law & Ethics

9 answers

If she's not on your lease you can tell her to get out. If she is on the lease then you have to take legal matters with her to get her out. Good luck!!

2006-12-08 07:17:52 · answer #1 · answered by beck 2 · 1 0

No! If she's on your lease, you must contact your landlord. If you're the landlord, or she's not on your lease, she still may be a tenant (or subtenant) based upon your previous actions. It sounds like you've got an oral agreement to lease for a certain amount of money per month. IN MOST states, that's called a "month-to-month" tenancy, which means that either party can terminate with one full months' notice (if you're in the middle of the month, it's got to be to the beginning of the next month and then one month after that). The nice thing about that arrangement is that, with that much notice, you can terminate for any reason. HOWEVER, what you may NOT do is any sort of self-help. You may NOT change the locks. You may NOT put her stuff out in the street--this can lead to many different causes of action (especially if she is damaged by loss of property or finding another place).
If she says on after you've terminated the month-to-month tenancy (this of course, still assumes you have a month to month and you're the landlord and she's the tenant) your remedy is eviction proceedings/unlawful detainer, NOT self-help.
But there are so many facts and contingencies here, no one can tell you what to do except a licensed attorney in your jurisdiction. There may be some legal guides that are available at your local Legal Aid Society or at the courthouse related to landlord-tenant disputes if you can't afford an attorney.

Seek legal advice.

2006-12-08 15:47:49 · answer #2 · answered by Perdendosi 7 · 0 0

If she isn't the original occupant for your apt or house you can terminate her staying there. If she is on the contract you need to talk to the landlord. I would kick her out and if she refused to leave I would wait until she was gone, change the locks, and box her stuff up and put it outside. You should not have to pay her way. I would type up an eviction notice on the computer stating why she is being let out, that she isn't paying rent, and I would give her a week. This way it is clear to her your intentions.

2006-12-08 15:19:00 · answer #3 · answered by Serinity4u2find 6 · 0 1

Best if you can reconcile with your roommate. Try calling up her parents, or discussing with the owner. While throwing her stuff out of the house sounds good, I think changing the lock is taking things a bit too far.

2006-12-08 15:19:14 · answer #4 · answered by syockit 2 · 0 0

I think it would be illegal no to mention wrong to change the locks on her. Instead just do things that will force her to leave. Maybe tell her that your boyfriend will be moving in full time with you and you don't need a roomate anymore. Or do things that will make her leave on her own, like stinky furniture, or unclean house or missing mail, something that will make her say " I need to get the hell out of here"

2006-12-08 15:31:19 · answer #5 · answered by ? 2 · 0 1

No you have to notify your land lord that she isn't paying her rent and your land lord will evict her for not preforming to her end of the lease and she is in breach of a contract

2006-12-08 15:17:26 · answer #6 · answered by Lab Runner 5 · 0 0

I sure hope you have some kind of signed agreement regarding bills and eviction. If not, you may be paying for it, literally. better check your local laws before acting.

2006-12-08 15:18:43 · answer #7 · answered by catwoman 3 · 1 0

Check your local tenant laws about renters who are delinquent.

An important factor to consider: Are you the only one with your name on the lease?

If your local tenant laws don't have a convenient solution, just chase her around the place, saying, "It puts the lotion on its skin...." ;)

2006-12-08 15:25:43 · answer #8 · answered by Dave of the Hill People 4 · 0 1

If she has not paid rent, you can evict her.

2006-12-08 15:20:03 · answer #9 · answered by ItsJustMe 7 · 0 0

fedest.com, questions and answers