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Shellz

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Posts: 3
Reply with quote  #1 

I have a question about the possiblility of getting my roommate evicted by our landlord.  I have entered into a one year lease on a house with a person whom I thought would be a good roommate.  I have two children and the lease agreement states that myself, my two children and my roommate are the only occupants of the household.  My roommate recently met a man and has moved him and his dog into our house.  I have told her that I don't want him living there with my children present and her response is, "I pay rent here too and he makes me happy."  It has gotten to the point that my kids and I feel like guest in our own home.  We spend all of our time in our rooms while they basically take over the house.  To make matters worse, this guy has NO job and lived with his parents.  He doesn't pay a dime to live there and eats our food and uses utilities that we pay for.  I am wondering if there is a way for her to be legally removed from the premises.  The really bad thing is, we still have 10 months left on our lease!!!

Monipenny

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Posts: 6
Reply with quote  #2 

First of all, what does your lease say about moving extra people in and also what does it say about pet?  If there are stipulations in your lease for those, ie - no pets or no extra visitors, then she is in violation of the lease.  You can discuss this with your Landlord, BUT depending on your Landlord whether he cares enough to enforce the lease or not may make a bad situation worse for you in the end.  If your Landlord is strict with enforcing the lease, he has options to either make her comply or give her 30 days to vacate but that is about all he can do with her, since you are jointly on the lease with her, he could take the next step in evicting her but you would also be a part of the eviction.  He can't separate you from her in enforcing the one lease you both are in.  If she moved out with the initial 30 day notice, then you have the whole place to yourself - do you want to pay all the rent and utilities by yourself?  That is something to consider.  Also, by talking to your Landlord and he approaches your roommate she may possibly make your life a living xxxx.  And otherwise, my bet would be that your Landlord isn't going to concern himself with this problem.  So otherwise, you pretty much are stuck.  I would consider moving out, but you will lose your Security deposit. 

Shellz

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Posts: 3
Reply with quote  #3 

Thanks for the response.  Our landlord is very strict about enforcing the lease.  We are in a very nice neighborhood and the house is a very nice 4 bedroom 2 full bath house.  I put the entire $2200 deposit down and my landlord is aware of this.  Also, we have a small dog already that is listed on the lease.  The landlord made sure to list each occupant including children and the dog when the lease was signed.  She even went as far to tell us that she did not care about us having visitors (for a week or two) but that is it.  She did not want us to have anyone else living there.  I can afford the rent and utilities on my own, that is not a problem.  What really gets to me is I gave her a place to live when she had no where to go.  She recently moved here from Texas and couldn't get a place on her own due to her credit situation.  I thought she would be a great roommate.  Then I found out she was in a custody battle for her son and that is why she moved back up here.  She has lost custody, due to having too many men around him.  Her mother and brother testified against her in court.  *sigh* I just don't know what to do.  My children and myself feel like guests in our own house.  All of the utilities are in my name and she has not given me ANY money for them or for groceries, which she and her boyfriend have no problem eating.  The only thing she has paid for is half the rent, which she has borrowed part of from me in the last two months. 

kurt

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Posts: 137
Reply with quote  #4 

First thing is don't give her any money, you won't get it back this I would bet on.SEcond suggestion is sit and talk to her calmly as possible and explain to her the food expenses and utilities and that her bf is using them also. Probably won't do much, she might not see that she is using you, but then she might. As for legal wise I doubt any threat of taking her to court for any income she may owe you is worth the effort and would more than apt tick her off even though she seems to be in the wrong. I don't know what a tenant can do against another tenant/ unauthorized occupant, but you can call your cities clerk of court and ask questions.

withee1

Registered:
Posts: 13
Reply with quote  #5 

I am just going to throw out some ideas, as I have never rented with a roommate. I would say to make life difficult for her and him, without them thinking you are doing it on purpose. You say that you can afford the place without her, so try this. It may be difficult, but stop buying groceries for awhile and take your children out to eat. Hide extra toilet paper, toiletries, anything you can, so that they run out of things to use and have to buy their own. Then start eating their food, using their toiletries, etc. If they complain, tell them that you have spent too much money in utilities, food, etc to afford to restock and tell them that they will need to kick in for a few weeks. Maybe it will finally occur to them that they would be better off getting their own place. Don't be aggressively difficult, just don't make it easy for them to stay there. It would be great if it was their idea to move out.

 

If this fails, you will probably have no choice but to talk to your landlord to see what he may be able to do, if anything. Ask him not to talk to them about it, or his property may get damaged, if they get angry with her, since she paid the security deposit. You could also just come out and tell the landlord about your roommate breaking the lease terms by bringing in another person and a dog, and see if maybe she will post a 14 day termination notice, letting her know that he and the dog is in violation of the lease and she and them need to move. She will probably know that you reported her, unless you arrange with the landlord to stop by at a certain time, invite her in,and let her see what is going on (although your roommate will probably just say that he is just visiting).

 

You could also just talk to her, one on one, and tell her that this is not working out and you would like for them to find another place. She will probably refuse to go, but you never know. She may be thinking the same thing, although with a loser boyfriend with no job, she probably knows that she can't afford it on her own.

 

I hope this helps. I really don't know what else to suggest.

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