roommate never got on lease, now won't leave

LisaB4657 · Jan 9, 2007, 07:11 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, 07:31 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, 07:38 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, 07:43 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, 07:56 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, 08:07 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 go ahead and give it to me anyway and everyone else who might read this.

RichardBondMan · Jan 9, 2007, 08:35 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, 05:04 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, 05:59 AM

Hello again, Richard:

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

excon

roommate never got on lease, now won't leave

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