I have rented out a room in my 2 bedroom apt in venice and the person i rented the room to hasnt paid rent for part of nov and none for december. When I rented the room to her in May 2007 i was under the impression it was just for her and when she moved in and then her 16 yrd old son moves in i was in shock - being also a single mom at 1 time i let them both stay in the room out of pitty. When Sept came around I had already paid 6 months of rents when i moved into my appt. back in Feb. 2007. Then Oct came around and her rental portion of $1200 came to me very late, I expressed to her that i need the rent on time. Then Nov came and i didnt get rent unitl the end of the month and it was for part and now its Dec and no Nov rent or Dec rent. I asked her to leave and she hasnt, she is still in the room with her son I dont know what to do.
2007-12-12 13:30:57 · 7 answers · asked by exoticprincess11 1 in Business & Finance ➔ Renting & Real Estate
You can NOT legally just put her stuff out! You opened the door, and she has been there over 2 weeks.
She has to be legally evicted though the court system. Since you were sub-leasing you can do this, but you had better let your landlord know as he may also have to evict her. (depends on your state)
Do not tough her things and certainly do not change any locks! She can call the sheriff, who will press charges against you. This is legally her home until a judge states otherwise. With a minor child involved they could also press charges against you for child endangerment.
You may be her "landlord" but you have no right to take the law into your own hands.
2007-12-12 13:56:42 · answer #1 · answered by Anonymous · 2⤊ 0⤋
This is a situation where you NEED and i stress need to be assertive. A confrontation about the rent needs to happen. When I mean confrontation i don't mean a fight i mean face to face discussion about the rent that she has failed to pay. Tell her that her son moving in is a problem and that the room is only for her and no other tenants.
Let her know that any guests must be approved by you and can only stay for a small amount of time like a couple nights considering you are on the lease and not her and you will be the one in trouble.
But most important her rent must be paid by the end of the month or she MUST leave immediately. Let her know that is she fails to pay her portion of the rent the burden lies on you only to pay it and you will not have her living in there for free.
Your goal is to be assertive, you are the on the lease and not her and if she can't be a responsible adult than she can't live there. Her son living there is just plain rude.
2007-12-12 21:48:45 · answer #2 · answered by USMCgrlandMommy 6 · 0⤊ 0⤋
It sounds like you have nothing in writing. But, your having a verbal agreement with her wouldn't bind the apartment because the sub-letting sounds like it is expressly not permitted.
I would let her know that she has a specific deadline. Since you allowed her son to stay there without making a big deal out of it, I think it's best left alone at this point. If anything, I would stress to her how far out on a limb you are going for her. I would not stress the legal bind she is putting you in because she might not realize all of that and then try to use it against you to get what she wants in the end.
So... yes, be assertive rather than aggressive. I would tell her that I will have to change the locks if do not have $xxx paid to me by this date. In the future, if there is a continued issue with late payment, I will simply cancel the agreement and give you xyz number of days to get your things out.
I would not set her things out. Being a single mother myself and you... we know how being in a bind is and when the world is on your shoulders, sometimes all we can do is pray. But I would also let her know that if after the locks are changed her things are not picked up within a reasonable amount of time (state the number of days) that you will consider them abandoned property that you dispose of at your discretion.
I would also call and talk to a lawyer... hopefully you are able to get a free half hour consultation or pro bona type consultation to make sure you are appropriately covering your butt according to the laws where you live.
Nonetheless, I would not give this woman any fuel to go to your apartment community to cause undue trouble for you to have you evicted out of spite. So, be careful what you put in writing as well.
2007-12-12 22:00:40 · answer #3 · answered by kyra_rogers 1 · 0⤊ 0⤋
I can't advise too much because I think it was incredibly stupid of you to let her move in with nothing in writing. But you can absolutely not change the locks or throw her items out. That would be illegal. You need to ask her to leave, and when she is out, sue her in small claims court. Watch Judge Judy, Judge Mathis and those shows; this happens all the time. And people have a hard enough time getting their money back from a roommate that is on the lease.
2007-12-13 08:21:45 · answer #4 · answered by chante 6 · 0⤊ 0⤋
Give her a 3 day notice to pay rent or quit. After she pays her rent then cash the check to be sure it has cleared. Then hand her a 30 day notice to vacate the room. Find a new room mate. This will continue to be a problem.
2007-12-12 23:15:28 · answer #5 · answered by Big Deal Maker 7 · 0⤊ 0⤋
Only the owner can evict.
You must give her a deadline then change the locks and set her stuff out.
Get permission from the landlord before changing the locks.
2007-12-12 21:36:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She isn't on the lease so there is probably not much you can do unless you put her stuff out. If there is something on the lease saying you can't have anyone living that isn't on the lease you can get in trouble. I say you pay the money and put her stuff out.
2007-12-12 21:36:02 · answer #7 · answered by chicken2008 5 · 0⤊ 0⤋