I was having money problems and had difficulty paying rent in an apartment i live in so i rented an empty room i had to a mother with 2 children. now she is paying her part of the rent late and for some nonconsecutive months she has not payed rent. her moving in was all in verbal agreement with the amount she is to pay every month. the landlord does not know she is living with me and i have been giving her 30 day notices for the past months. i want her out and i dont know what to do. she doesnt want to move. what are my legal and her legal rights??? what can i do??? PLEASE PLEASE help!!!! i dont want to loose my apartment over this if the landlord finds out.
2007-03-07 18:39:48 · 8 answers · asked by funnyguy2026 1 in Business & Finance ➔ Renting & Real Estate
You have definitely got yourself a sticky situation. First and foremost you will not get any help from the police department. Law enforcement's stance on this is that if her clothes/belongings are there and if she receives mail at that address...as far as they are concerned, she lives there and has a right to be there. They would tell you that it is a civil matter.
You being the lease holder, you are the one who has legal control and possession of the premises that you are renting. You should be able to file an eviction notice and/or proceding at the county courthouse. This happens after your written notice to terminate the verbal agreement has been served...I would look into finding someone to serve it to her...possibly by certified mail, where she has to sign for it. In my state, the standard notification for non-payment of rent is a "72 hour notice to vacate the premises", I live in Oregon. When she fails to leave...sounds like she most like will not go willingly...then you take the documentation that shows you have given her notice and file an eviction with the court and ask for a "writ of assistance"...at this point then the sheriff or constable would be able to force her to vacate the premises. Typically they would stand-by and allow her enough time to gather a few personal belongings or however much she can fit into her car. You would then change your locks. The sheriff would then instruct her to make arrangements with you to retrieve the rest of her belongings within a specified period and advise her that anything left beyond that time period she would no longer be entitled to. Word of caution, even though these steps will get her out...be prepared to move yourself as well...as she may be vindictive and inform your landlord of the situation. He/she may decide to terminate your lease for violating the terms of your lease agreement. However, if your landlord is a reasonable person and you have a good history with him/her as a tenant...you may approach them and tell them the whole story...that you were trying to do someone a favor, while at the same time easing your own financial situation...that you accept full responsibility and will incur the costs if any to file the proper paperwork and take the legal steps necessary to get her out of your appartment. One solution to avert the legal steps could be for your landlord to terminate your lease..."hey you both got to go now" and then without her knowledge start you a new lease in another appartment....perhaps a one bedroom that is more affordable for you on your own.
2007-03-07 19:36:08 · answer #1 · answered by Toney C 2 · 3⤊ 0⤋
Well don't keep giving her 30 day notices. Because you give her 30 days and then not stay strict on it, she is able to manipulate you. I would call the court house or legal aide and find out where you can get a tentant/landlord rights hand book and that will tell you what you can and will need to do to move her out the legal way. Good luck!
2007-03-07 18:53:12 · answer #2 · answered by AHHHHhhhhh 3 · 0⤊ 0⤋
If you have been giving her proper notices, why haven't you filed on her for being a holdover?
You have a real problem and you really should be talking to a real live lawyer about this. Screwing up any more could cost you your apartment.
"If you want to get rid of her and her kids the easist way would be to change the locks"
And hopefully funkylex will front you the bail money and pay all your legal costs! Seriously ... don't do this. You will be arrested first, and sued second.
2007-03-08 02:23:29 · answer #3 · answered by BoomChikkaBoom 6 · 3⤊ 0⤋
Effectively what you have been doing is "sub-letting", most landlords have different views on this so it is difficult to give you a definitive answer.
The lease of the apartment is yours and it would be your responsibility to make her leave, if you have a descent landlord you may be able to speak to him.
You can try and make her see sense, telling her if she does not move out then the landlord will get involved and there would be a chance that both of you will have nowhere to stay.
2007-03-07 18:52:01 · answer #4 · answered by Bladerunner (Dave) 5 · 0⤊ 0⤋
First of all, every state has an occupancy standard of two per bedroom. So if your landlord finds out you could be evicted and not only would that show up on a background check and a credit check if rent is owed, but it will be harder for you to rent again. If you want to get rid of her and her kids the easist way would be to change the locks, since you had a verbal agreement she can't say she lives there cause she is not on the lease, and if she doesnt go away worst case scenerio, call the cops they will talk to the landlord find out she is not on the lease and make her leave.
2007-03-08 07:44:21 · answer #5 · answered by Anonymous · 0⤊ 4⤋
you have to serve her a 3 day notice and then a 30 day
2007-03-07 19:32:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You should never make a verbal agreement. They are not binding (at least in my state).
2007-03-08 00:05:06 · answer #7 · answered by snugglesrn 2 · 0⤊ 0⤋
iN MY STATE (AR) AND IN MOST STATES VERBAL AGREEMENTS ARE BINDING IN ALL THINGS ECCEPT PROPERTY. SELL ONE ONE OF THE BRATS!!!! OR BOOT HE @SS
2007-03-07 18:49:24 · answer #8 · answered by someoldguy77 2 · 0⤊ 1⤋