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andyunger · Jan 9, 2007, 07:07 PM

I live in Berks county, PA.

My roommate and I agreed to share an apt. beginning Oct. 2006. I signed lease but she needed co-signers to get on the lease and promised that she would. She has since then not gotten on the lease and has become an intolerable, irresponsible and violent roommate. I asked her to move out the first week in Dec. 2006 and she promised to move out by Jan 2007. She paid her half of the rent for Dec.

She now refuses to leave, or to contribute any more money towards rent and utilities, including Dec. 2006 utilities. She claims that she has tenant's rights and will only leave if served with an eviction notice. I want this girl out as soon as possible.

My questions are these:
-- Does she have the rights that would require me, (since she's not on the lease the landlord cannot evict her), to serve her with eviction notices and go through that long process and legal hassle?

--What are my rights? Am I the landlord in this situation and thus bound by landlord-tenant laws?

--Can I change the locks? (I would give her time to get her things out, but if she does not, can I still change them?)

--What can I do in this situation to remove her as quickly as possible?

Please, I am desperate. Thank You!

LisaB4657 · Jan 9, 2007, 08:11 PM

Unfortunately, yes, you are her landlord and you must go through with eviction procedures to get her out. It is illegal to change the locks.

If you are evicting her because you just don't want her as a tenant any longer you have to give her 15 days written notice. However if you are evicting her for failure to pay rent then you must give her 10 days written notice. (I suggest that you give her the 15 days notice or she could just pay the rent to the court and avoid the eviction.)

If she hasn't vacated within 15 days then you can file a lawsuit for eviction. Go to http://www.lawhelp.org/documents/137...ateabbrev=/PA/ to read about your rights and remedies.

Good luck!

RichardBondMan · Jan 9, 2007, 08:31 PM

Andy, If I understand you correctly, you are the tenant not her, her name appears no where on YOUR lease ? AND you have not entered in a witten lease with her, then I cannot see where she has any rights -- the first person city PA law, but I cannot see that the law is even relevant, i.e. she's not a tenant since she didn't sign ANY lease with you or with the landlord unless the law allows a verbal agreement to be considered as legally binding as a written lease ? Just ask her to leave, it's your rented/leased property and if she refuses, you then have a right to legal remedies available to those whose property is trespassed upon. Tell me if I understand you situation correct or not.

LisaB4657 · Jan 9, 2007, 08:38 PM

Andy has sublet a portion of the premises. This makes Andy the "sublandlord" and she is the "subtenant". A written lease is not necessary to create a tenancy. A verbal agreement along with the payment of rent in return for a place to sleep is sufficient. PA tenancy laws apply to a verbal agreement as well as a written agreement.

RichardBondMan · Jan 9, 2007, 08:43 PM

I see Lisa is an attorney.

Lisa you've read the law so I back out and let your answer stand. I am not trained as an attorney and you are, therefore, of course, I suggest that Andy follow your advice or the advice of his own attorney, not mine.

excon · Jan 9, 2007, 08:56 PM

Hello:

Richard thinks all this legal debating stuff is real fun, and he's learning a lot. He doesn't yet realize that this isn't a debating board.

Real people come here with real problems, and Richard GUESSES about the answers. He doesn't get that his guesses can hurt people... He's been told, but he doesn't get it.

excon

RichardBondMan · Jan 9, 2007, 09:07 PM

Send me a private note Excon, leave your dislike of me out of this... but since I am here now, here's what I think... if this site was for attorney's only, then people won't get many answers... you saying only an attorney should give it their best shot ? If so, then look at some answer you've given before. Enough said... I will disregard you from this point on... forever... you didn't deserve my answer. But give it to me anyway and everyone else who might read this.

RichardBondMan · Jan 9, 2007, 09:35 PM

Sorry Andy that I let Excon get to me and dispupt you question but I can't apologize for him, hell have to do that. I would like to know if you were going to take my advice or for athat matter, anyone's advice given here (other than that of a trained legal expert) as something that would lead you to take inappropriate or improper action that would not have been in your best interest or were you just hoping other's would give you their opionion. I am glad that an atty answered but from what I have seen here, that's rather unual. I would like your honest opionion if you don't mind - just wanted other's opionions or were hoping an atty answered?

andyunger · Jan 10, 2007, 06:04 AM

Thank you very much for your answers and comments! Yes, you understand the situation correctly. I do plan to seek a local attorney's counsel on the matter before I take any action. I was really just hoping for exactly what you guys provided- a discussion of my problem and some possible solutions. The fact that LisaB4657 is an attorney is a bonus, I didn't expect actual legal counsel. But I certainly do appreciate it! Along with everyone else's input. Thanks again.

excon · Jan 10, 2007, 06:59 AM

Hello again, Richard:

This site isn't just for lawyers - but it isn't for guessers either.

excon

bouncergrl1980 · Mar 3, 2010, 09:13 PM

I realize how old this post is, but I was hoping Andy might still be around to tell me what he chose to do and how it all went. Please contact me if you are still here Andy. I'm in a similar situation and would like to know how difficult it was to get 'er out of there!

andyunger · Mar 3, 2010, 09:22 PM

After learning that because she was not on the lease, and it was MY responsibility to have her removed, I simply notified her that the locks would be changed. The Distict Justice said this was legal and that anything she left behind could be considered my property. Hope this helps! Good Luck.

Pphil1 · Feb 21, 2011, 08:23 PM

What eventually happened Andy, I am going through the same thing. Someone moved in to help with bills in octttt 10 and has not paid a dime since. Police won't do a thing. I am lososing all I have and afraid of her stealing what littlie I have leftl. I want her gon. She was served with evition notice from the landlord on the 8th of Feb. She is not on the lease and is technically a trespasser

Nobodyatall · Jun 20, 2011, 07:39 PM

Hmmm,

So if I understand this correctly... If I am the home owner and I advertise for a housemate, they have not signed any lease or documentation and they have not paid me ANY money since moving in. In short I have to give her 15 days written notice in order to get her out? What if she just tears up the paper? Does an email count as written notice as then I have proof that it was sent, or should I give the paper to her in front of witnesses?

I know I will never open my home to anyone again.

AK lawyer · Jun 21, 2011, 05:25 AM

Originally Posted by Nobodyatall

Hmmm,

So if I understand this correctly..... If I am the home owner and I advertise for a housemate, they have not signed any lease or documentation and they have not paid me ANY money since moving in. In short I have to give her 15 days written notice in order to get her out? What if she just tears up the paper? Does an email count as written notice as then I have proof that it was sent, or should I give the paper to her in front of witnesses?

I know I will never open my home to anyone again.

Yes, it's interesting as history of the "eviction of roommate" question on this forum, isn't it? It's also interesting to learn that a judge told the OP that it would be OK to change the locks after giving the roommate a reasonable, but apparently verbal, advance notice. In other words, apparently the judge didn't feel that the landlord/tenant act applied. But, of course, I wouldn't depend on that anecdote if I were you. That particular judge may have been technically correct, or the law in that jurisdiction might have been different than the law where you are.

But to answer your questions (We ask that you start your own thread rather than dredge up an old, ableit similar one.), whether she tears up the paper (or whatever else she decides to do with it) after you give it to her doesn't matter. It is entirely of no consequence. You have done what the law requires. And although you can, of course, have witnesses, no, you don't need them. It's not normally done.

LisaB4657 · Apr 29, 2012, 06:14 PM

Originally Posted by stridertheking

Verbal means nothing without poof of such. Call the cops. She is trespassing.
They will remove her. Then she would have to do the work. I.e. Try to take you to court. It is your word against hers. She will have a hard time proving there was any verbal agreement.

First, you are attempting to give advice to a person who posted their question over 5 years ago.

Second, you are wrong.

(a) A verbal agreement is enforceable. Since it is verbal there is rarely any proof but courts will still order them enforced.

(b) The police will not remove a person who has lived there for 5 months. That person has established residency. They have made payments of rent and utilities. Where in the world did you get the idea they could be considered a trespasser?

Please look at the dates of the questions to which you are responding and please reconsider before giving a legal answer.