Check out some similar questions!

sunnybunni · Jul 26, 2007, 02:47 PM

I am the signer of the lease I am in. I have a roommate who is destructive, inconsiderate and outright sloppy. I told her it would be best if she moved out and gave her a 30 day deadline. She is giving me problems about it and I want her out! What can I do? I am not the owner of the property, but I signed the lease. :(

XenoSapien · Jul 26, 2007, 02:55 PM

If she is not on the lease, you can entreat her with a police escort.

XenoSapien

sunnybunni · Jul 26, 2007, 04:00 PM

Originally Posted by XenoSapien

If she is not on the lease, you can entreat her with a police escort.

XenoSapien

Now I'm hopeful. How do I go about doing that?

excon · Jul 26, 2007, 04:14 PM

Hello sunny:

She's your tenant and you have to evict her according to your states landlord tenant law. If you call the cops to have her put out, she'll tell them she pays rent, and they'll let her stay.

excon

XenoSapien · Jul 26, 2007, 04:20 PM

If her name isn't on the lease, I'm certain that argument won't work, excon. I work in the apartment business.

XenoSapien

excon · Jul 26, 2007, 04:23 PM

Hello again, Xeno:

I'm certain it will. I don't work much.

excon

sunnybunni · Jul 26, 2007, 04:25 PM

How about documents? Would I have to show someone a document that I told her on a specific date that she had 30 days? It would be my word against hers, otherwise. I did write the landlord a letter explaining that I had given her a 30 day deadline. He wants her out as well because she is rude and is messing up the house, so I'm sure he could show the letter if he still had it.

I would hope it wouldn't have to go as far as calling the police on her. I would like her to pack her things (she hasn't started yet) and be out by the date I gave her. If I was leanient about it, she would just take advantage. If I didn't give her that deadline she would probably never leave and just tell me she hasn't found anywhere to go. If I can give her a nudge somehow, that would be good.

XenoSapien · Jul 26, 2007, 04:26 PM

Hey ya', excon. I always enjoy your insights :). You challenge my thinking depth, and that is a good thing. But hey man, you work at answering questions, right? :)

XenoSapien

sunnybunni · Jul 26, 2007, 04:26 PM

XenoSapien, what if she is listed as someone who is living in the house, but isn't the signer of the lease?

XenoSapien · Jul 26, 2007, 04:28 PM

I only say police because my impression is that her motivation to "git" is quite low. Maybe I'm wrong about where you are at, but here, if your name ain't on the lease, you can be shipped out in a hot minute.

XenoSapien

XenoSapien · Jul 26, 2007, 04:29 PM

That's illegal. Tell the landlord to ask her for her id or driver's license. If it doesn't match, she's gone.

XenoSapien

ScottGem · Jul 26, 2007, 04:30 PM

excon is right here. I don't know where you work, but as long as someone can establish residency, they are a tenant. No police officer is going to put such a person out on the street. The OP entered into an implied sublease with the roomie. As soon as the roomie started paying rent, she became her landlord, with all the responsibilities and legal ramificiations.

The good news is that she is considered to be on a month to month lease. She cam give this person notice equivalent to one rental period. So if she pays monthly, she has to give her one full month. If after that month she doesn't leave, then she has to start eviction proceedings.

ScottGem · Jul 26, 2007, 04:31 PM

Originally Posted by XenoSapien

I only say police because my impression is that her motivation to "git" is quite low. Maybe I'm wrong about where you are at, but here, if your name ain't on the lease, you can be shipped out in a hot minute.

XenoSapien

Please cite any statute that says that.

XenoSapien · Jul 26, 2007, 04:31 PM

Wow. Here in Indiana, if you are not the person on the lease, that's all they need to know to kick you a** out.

XenoSapien

excon · Jul 26, 2007, 04:38 PM

Hello again, sunny:

It's always possible that I could be wrong... but no, I'm not. If the cops were called, all she'd have to produce is a receipt for rent, or a receipt for cable or electric... Plus, if it even LOOKS like she lives there, the cops aren't going to put her out. If they did, and she later proves that she WAS a tenant (and she IS), she can sue the cops AND YOU for false eviction.

The cops know that, and if it smells like that to them, they won't put her out. Now, cops don't always act the way I think they should, but that's another matter.

You need to give her WRITTEN 30 day notice. Send it certified, return receipt requested. Send another copy by regular mail and hand her a copy. That way, if she doesn't leave, you have all the documentation to evict her legally.

excon

PS> Xeno, answering questions here ain't work.

XenoSapien · Jul 26, 2007, 04:39 PM

:) excon.

XenoSapien

ScottGem · Jul 26, 2007, 04:43 PM

Originally Posted by XenoSapien

Wow. Here in Indiana, if you are not the person on the lease, that's all they need to know to kick you a** out.

XenoSapien

Not true:

IC 32-31-1-2
Creation of tenancy at will month to month
Sec. 2. A general tenancy in which the premises are occupied by the express or constructive consent of the landlord is considered to be a tenancy from month to month.

As I read that, as long as the landlord is aware of residency they are a tenant. In this case the person on the lease is the landlord snce I assume the roomie is paying rent to her. If she is paying rent directly to the primary landlord, then that landlord has given constructive consent.

If someone was a guest, you might be right, but as soon as rent was paid they became a tenant. That is the law!

By the way I didn't ask where you are I asked you to provide any statute that supported your statement.

XenoSapien · Jul 26, 2007, 04:47 PM

In what state, scottgem? Not in Indiana. Prove me wrong. And if that is wrong, which I doubt, maybe people who have roomies need to move to the midwest, because power still remains with the people here.

XenoSapien

XenoSapien · Jul 26, 2007, 05:19 PM

As an employee of an apartment community, I was told that if a person is not on the lease, I do not have an obligation to let them in their apartment if their name is not on the lease.

I'd love to be proven wrong on this one, because I hate to do that. I could be letting in an angry "X", who could potentially hurt someone. I'd love for ScottGem to tell me I'm wrong.

XenoSapien

ScottGem · Jul 26, 2007, 05:38 PM

You've been proven wrong. Look it up for yourself. I gave you the cite. There is a link to the code at the top of the forum.

First, how would know if someone is on the lease or not? However, I wouldn't disagree with that advice. If John Doe comes to you and says I live in Apt 2B with Jane Smith and you check the lease and John Doe is not on it you should NOT let them into the apartment. You could then be liable for any damages John Doe does to the apartment. John will have to wait for Jane to come home and let him in the apt. But, if you tried to stop Jane from letting John in the apt, you could be in big trouble.

If you feel that Jane is letting someone else live in the apt in violation of the lease, then you need to report it to your boss who can then decide if they want to start eviction proceedings against Jane.

But that's NOT the same situation we have here. We have a tenant who has taken in a roommate. By doing so, the roomie beacame a tenant of the leaseholder and the leaseholder became her landlord. In such a case, gthe police are NOT going to remove the roomie and the leaseholder has to go through formal eviction proceedings.