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Rafosterjr

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Posts: 11
Reply with quote  #1 
I need some advise.  A problem tenant who has been a nightmare from the beginning just "served" me with a civil court "Tenants Petition for Relief From Unlawful Exclusion."  The situation is a rent a room to him in my home which I sublease from my mom (the legal owner of the house).  He states that he was deprived of the use of the bathroom for 3 weeks and reasonable access to common areas.  There was a leak in the bathroom that I had to have fixed and it took 5 days (2 extra due to a power outage.)  There are also two other bathrooms in the house in bedrooms he could have used.   I have two other renters who can testify of to the 5 days.   Anyways, I want him gone regardless but he wants to draw up a mutual termination of lease agreement which I'm all for.   Thing is it could take a while for him to find a place to move to.  How do I go about this.  Does it turn to a month to month or do I include it in the mutual agreement of lease?  Should I include provisions about utilities, security deposit and so forth.    Please help.
uriel_sanchez

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Posts: 40
Reply with quote  #2 
I'm not sure you have any legal recourse here, since you're not the 'owner' of the house or property..you would need to include a bit more info, what state are you in? did he sign a lease to begin with? how long is the lease? do you have an invoice for the repairs of the bathroom? all of this stuff can help you..i would stick with the 'civil court' lawsuit, you would win hands down and he would be liable for all of your legal expenses..that's if you have nothing to hide? 



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Mr. Sanchez

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Rafosterjr

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Posts: 11
Reply with quote  #3 
Mr. Sanchez, what do you mean nothing to hide? I also gave him a receipt for March rent where he took less rent in exchange for "bathroom" inconvenience fee. I'm not look to get anything out of this but to get the tenant out of this house and not be liable for some civil suit that is pretty much complete garbage as this guy is nuts. I'm not sure how the judge will think I excluded him from the common areas. I remove the large 46" expensive TV in the living room and swapped it out for an older 40 TV as he wanted to sit in front of the TV for 8 hours a day. I may have taken 48 hours to do this. His so called employer when I "screened" him was just a friend and he doesn't work. I also took away the toaster for 48 hours or less so I could clean it and put it in the freezer in case there were any roaches (I had another tenant bring in roaches with his belongings and that took me money and time to get rid of them. He used it constantly would leave food sitting on it and wouldn't clean it.
Rafosterjr

Registered:
Posts: 11
Reply with quote  #4 
I thought I posted a response last night about the sublease, 12 'month lease as I am subleasing it and being in Va.
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