My roommate moved-in in May. He did not sign a lease or any other papers. Everything was done verbally. We agreed to $485/month rent and $200/month for June and July when he would be gone. It's September and he has only paid me $680 of the $1885 he has owed me, and it has taken me asking him each time for him to give me any money. He has had friends over for weeks at a time running up all the bills and using my stuff, and he is a disgusting slob. I told him in late August that he has until October to be out and I'll waive September's rent knocking down his debt to me to $690 just because I want him out that bad. I'm afraid he can get the backed rent to me, but I still want him out. Do I need to get him to sign something? If so, what? What do I do if he isn't out by October? And is there any hassle-free way to get my money?
2007-09-09 18:25:42 · 10 answers · asked by matt 2 in Business & Finance ➔ Renting & Real Estate
File for an eviction and a small-claims suit, that's all you have to do. You don't have to wait until October, you can file for it now since he is behind in rent, and the basis for your eviction is non-payment.
The fact that you don't have anything in writing doesn't matter, the court assumes that since there is no domestic partnership, there is no expectation of him staying there for free.
Also, the above poster is wrong in advising you to change the locks. If you change the locks without a formal eviction and he calls the police, they will give him PERMISSION to break into the property even if it damages it, and that is uncollectable in court. Plus in some states, a tenant can collect treble damages for an unlawful eviction.
2007-09-09 22:35:47 · answer #1 · answered by Expert8675309 7 · 0⤊ 0⤋
The advise from Smitty is wrong. You can't just throw out your room mates stuff. The room mate has the same rights as if he was on the lease. You have to properly evict him through eviction court. Please be advised you will have to give him a written 30 day notice that you want to evict the person.It would be good to get a Certified letter sent to person or a written agreement. Once you go to court the turn around time to evict is around 30 days for court proceedings ect... If the Sheriff has to come to remove person it could take up to 2 months. Please note if you take any sort of payment the person can't be kicked out. If the person stays there for 3 days or more they live there in Ga. If you illegally decide to change the lock the person can break in they live there. The person can sue you and put you in jail if you mess with their well being. Please don't mess with their belongings or do anything dumb. Please get everything in writing for the bills you are going to split. If the police are called they will say the same thing. If you are on the other side when paying your roommate always get a receipt or money order. Please make sure you put rent and whatever else you are paying. If your roomy won't give you any proof of payment then simply tell them you will not pay until they do. If they cash the money order or payment at all gift card ect.... Any form of payment that can be documented is acceptable. Please don't let your roomy's rants and raves scare yourself. If the situation gets out of hand simply call the police.
2014-07-16 05:00:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sounds to me like her parents got involved when they shouldn't have. Really it is your apartment and basically (paying so little -$300 you said?) she is renting a room. You shouldn't feel the need to say "She has friends over too" There is no comparison. The boyfriend isn't living there, he spends the night occasionally. This is why when people move in together they set rules. "friends over once a week" or "you can have company but no sleepovers" This would have avoided all of this in the first place. On the flip side it sounds like because she and her parents have "questioned" your "behavior" by having a boyfriend stay over you want her out. This is petty and unnecessary. People do what they have to when they need the help. You make it sound like you were doing her a favor and she was the only one benefiting from this. If that were true when your boyfriend moved out you would not have needed a roommate in the first place. So she was helping you too. You left out a lot of parts about her and the nasty texts. At this point it seems like the housing situation needs to end but you should keep my points in mind for the future. Do the RIGHT thing and tell her she has 30 days to move out. That is fair and it minimizes the option that she will retaliate legally.
2016-05-21 00:23:56 · answer #3 · answered by ashli 3 · 0⤊ 0⤋
Depends upon the laws in the State. Some States have laws where if a person has been living their for an extended amount of time, even though they did not sign a lease, they are consider a resident. Overall I would think that since he did not sign a lease that you were subleasing to him. Unless even if it is a verbal contract you need to review your lease to see if their is any mention of subleasing or rules that cover that activity. I would also suggest that you get everything in writing before you do anything. You are always going to run into legal questions or problems throughout life. My I suggest as a strategy, so things like this don't happen again, sign up for Pre Paid Legal. Here a link http://www.prepaidlegal.com/hub/johntebar
2007-09-09 18:37:58 · answer #4 · answered by tacos53 2 · 0⤊ 0⤋
Call Judge Judy. Her show loves this kind of stuff. You subleted your apartment. You can file a claim in small claims court for what he owes you. If he made the deal with full awareness of what was agreed upon, it is a legal verbal contract by law. You will have to prove that he owes you this money. You have the burden of proof. You also can file a eviction notice on him. I would do that and have the police escort him out of your apartment on D day.
Hope you learned to have them sign a lease or agreement next time. It will help you in the long run.
Good luck!
2007-09-09 18:38:36 · answer #5 · answered by Twisted Maggie 6 · 0⤊ 0⤋
Your only recourse if he does not voluntarily leave is to file eviction proceedings against him in court. You can request the arrearages from the judge in the eviction proceedings or you can sue him in small claims court separately for the unpaid rents.
Don't even think of changing the locks until AFTER he's been legally evicted! That can get YOU arrested! The clueless rube who recommended that doesn't know what he's talking about.
2007-09-09 20:06:46 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 0⤋
I think as long as you give him notice you are fine. Maybe send him a registered letter that he will have to sign for, for proof that he got it and keep a copy of the letter and receipt from th post office. In the letter, explain why you are evicting him and when he needs to leave.
2007-09-09 18:34:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I often spend my half an hour to read this blog's posts daily along with a mug of coffee.
2016-08-24 15:18:31 · answer #8 · answered by ? 4 · 0⤊ 0⤋
You have to give him a 30 day notice to move out even though the agreement was verbal.
2007-09-09 22:35:45 · answer #9 · answered by SandraD 3 · 0⤊ 0⤋
Your name is on the lease. Boot him, don't let him run any more bills up. If he isn't out by a deadline date, then set him out and his stuff to. Change locks and you are done. But tell him if he is not out, then you will have him set out. Happens all the time here in Ga.
That's why sometimes there is a whole house of furniture stacked out in font of a house, they got set out.
2007-09-09 18:39:36 · answer #10 · answered by smittybo20 6 · 0⤊ 2⤋