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    My roommate refuse to pay rent and don't want to move out

    Asked Aug 1, 2008, 10:33 AM — 4 Answers
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    My friend help me wrote contract and 30 day notice

    She sagest me that I have to sine with roommates rent contract and take the payment only I'm money orders or cashiers checks.

    She told me that this is only way to legally protect my rights

    Now I feel that if I take money in cash and didn't sine contract with {name edited out} I wouldn't have that problem.

    __________

    I am listing apartment In Los Angles California .The apartment complex UNDER THE RENT CONTROL, BUT I know that I don't HAVE to put roommates on the list as long as it is roommates for couple month.



    I decide to take the roommate {name edited out} his move in date was on _06___/ _29___/_2008___.

    {name edited out}mother cry and bagging me to take him and promise to pay rent for him.

    {name edited out}family said that he in difficult financial situation .{name edited out} mother and father send him money he paid me and we sine contract on _07___/ _06___/_2008___.

    I receive rent for JULY Rent $600 ( money order)

    Deposit $800 (money order)

    {name edited out} not on the list!



    {name edited out} have to move out from privies place in 3 days and didn't have plays to stay.

    Latter I spoke with previous roommate who told me tat {name edited out} is emotionally unstable and he had ABUSE HIM AND HIS PROPERTY AND bother his neighbors

    NOW It is turn to be my life!

    He Bring people over ,drink alcohol ( he is 20 years old) I am assume that is under age drinking in state of California

    *****

    Last Friday situation get worse

    {name edited out} said that he can't get the mail from his agency they suppose to send him pay check

    Pay check suppose to come to my mail box

    AND HE NOT WILL BE PAY RENT FOR NEXT MONTH!

    It beginning of July he got 2 mails from agency and I think he just playing games and trying to see with how much he can get away with.



    He ask me key from my mail box I refuse to give him key because I cant change the lock on my Box if any my roommate move out. I told {name edited out} that we don't have agreement for using my MAIL BOX and he can rent one in post office $30 for 6 month if he is unhappy.

    I told him that we have an agreement ( please read the contract)

    *********I also understand if I fail to pay my rent by the first of each month my ******deposit will be used for the purpose of paying my rent and I have to ******move out on next day.

    {name edited out} start to abuse me verbally call me names and told me that if I ask him to leave he will Sue me. He threat me that he can physically hurt me that he knew where I work and going to school that any accident cant happen to me.

    I told him that he not on the list and he can't make me to leave!

    He told me if I ask him to leave and call the police he will tell them that I am crazy and he is my son that they take me to the JAIL and he will rent my place. Then he said that he will sued hell out of me that I will be homeless( All thing he told me doesn't make any séance but really make me scared for my life. That is nonsense I am 26 years old and he is 20 he can't be my son . He not on the list he can't kick me out)

    He don't want to except 30 days notice.

    He get faired from his job he sitting at home, party, drink and smoking marijuana.

    He went to the my neighbors ,he show them my contract with him, he ask them to sine the petition to kick me out of my apartment and advice to the landlord to sine {name edited out}us the new tenant.

    He call his mother and told her that I am move out form apartment and she can

    come from NJ to live with him.

    Also he asking his mother pay rent for August.

    ******************



    QUESTIONS

    **************

    I am so come fuse and scared for my life. I don't won't to live in fair.

    That is really difficult situation for me

    I don't want all that drama


    What is my options ?

    Can I invite the moving agency and ask them to put away his STAFF to the storage that he can pick them up?Do I have to have a prove of abuse and treat ?Which prove do I have to have?

    Give him 30 day notice?

    Give him 3 day notice?

    Change the locks?

    Call police and ask them to get his staff out?

    Apply for restraining order ?

    Could you sagest me any make any changes in contract?

    Can landlord ask me to live because all that drama?( legally {name edited out} lives i apartment only for 30 days)

    The apartment complex UNDER THE RENT CONTROL, BUT i believe I don't HAVE to put roommates on the list as long as it is roommates for couple months?
    ************

    ************

    CONTRACT

    ************

    I ________{name edited out}________________hereby understand and agree to pay rent on a month to month basis on the first of each month in the amount of $___600______ to {name edited out}in the form of cash, money order or cashiers check for the reason of renting the living room space located at FULL ADDRESS

    I also agree to pay half of the utilities excluding the electric /power bill each month.

    I understand there is a deposit in the amount of $___800______ to be paid in full prior to my move in.

    I also understand if I fail to pay my rent by the first of each month my deposit will be used for the purpose of paying my rent and I have to move out on next day. My deposit may also be retained if I decide to vacate the apartment space I am renting and fail to give thirty days notice or damage the apartment or in any way excluding normal wear and tear.

    My first rent payment and move in day begins on _06___/ _29___/_2008___. Since I will be moving in mid month I fully understand my rent for the month will be prorated accordingly.

    The rental term is on a month to month basis with an initial agreement of THREE months to start and will be effective _06___/ _29___/_2008___. And will be required to be renewed on _9___/ _29___/_2008___. I also understand that in order to get my deposit back I will rent , follow the contract, and pay on time with an initial agreement of three months.

    I have been advised and fully understand that Argue, Verbal Abuse, Physical Abuse,Sexual Abuse, Drug Abuse, Criminal Activities, or Harassment against any residents of Fairfax Apartment or {name edited out} are not acceptable and if I fail to keep the apartment space safe I will have 30 mints to put my belongings together and leave. In this case my deposit will be not refundable and will be used for the purpose of paying all damages which may occur during my violent behavior.

    I have been advised and fully understand the apartment space I am renting may not be used for the purpose of operating a business, and private parties. It is understood that is just two of us will be live in the apartment and for a purpose of safety I will not bring any visitors to the apartment or apartment complex. I also understand that keys and code from apartment can't be given to anyone. It is understood this will be a safe and drug free environment.

    Full Name (print only)

    X____________________________ ____________ ______________________

    Signature of renter Date

    __________________________________________

    {name edited out}(print only)

    X_________________________________________ ________________________

    Signature of {name edited out} Date









    ***********


    30 DAYS NOTICE


    **********

    According to the rental agreement from___/___/___ I ________________________ would like to give a thirty days notice which will become effective on___/___/___ and will lapse on ___/____/___. I____________________________ also agree and understand I am required to pay the following month’s rent or {name edited out} will be allowed to retain my deposit in the amount of $_________ in accordance to my rental contract signed on ____/____/_____. I_____________________________ also agree that ______________________________ can show the apartment to the potential rentals at any time. Due to the privies months of rent when I refuse(fail) to clean the living place and organize my staff and kept apartment in unliving and dirty condition. I hereby understand there is a deposit in the amount of $_________ will be charged to pay to the ___________________________ and I have to live on ___/___/___ if I continue to refuse (fail) have a same lifestyle and __________________________would not be able to find roommate and show the living condition to the people who want to rent the apartment. I also understand that the floor, bad, and tables in the living room, kitchen, and restroom have to be completely clean, need and organize at all the time.Any close food and cosmetic have to be in storage's. I also understand that most rentals want to move in (start rent) in in the fist of the month and I give ___________________________, ____________days notice which is less then thirty days notice according to the rental agreement from___/___/___.I agree that for that inconvenience she can keep rent for _____________days. __________________________________________

    Full Name (print only)

    X____________________________ ____________ ______________________

    Signature of renter Date

    __________________________________________

    {name edited out}(print only)

    X_________________________________________ ________________________

    Signature of {name edited out}Date




    P.S. I am apologize inadvance that my letter is very long and
    you may have any difficulties to read it because English is my second laungvage I am really need your advice and opinion and I hope you will undescended it.
    I am originally Polish my English is not that best my dear American friend help me wrote contract and 30 day notice




    --------------------------------------------------------------------------------
    Also we sine an agreement

    I ________{name edited out}________________hereby understand and agree that we with {name edited out} will follow the next agreement that will help us to make the friendly, comfortable and safe living environment for both of us.
    Please don't put anything close to the heater
    Please when you are leaving the apartment make sure to unplug all electrical things turn of lights , turn of gas ,gas hitter,water,close the door
    Please if you don't use unplug all electrical things,turn computer,TV,Radio, turn of lights and gas ,gas hitter, water, close the door and Windows
    Please no smocking or candles or burning intents inside the apartment.
    Please keep main door locked all the time
    Please don't leave any any hair and erasers or sharp objects in the bathroom
    Please don't open the entrance door if somebody knocking we we both have a key and we can call each other if something happen
    Please no exercise such a running and jumping The bilding is old it is bother neighbors
    Please no music instruments, singing, screaming on the phone or lowed noise.
    Please clean kitchen and bathroom after yourself and wash the dishes immediately we don't want to have ****roaches or incense
    Please don't leave the trash out site the apartment
    Please throw away trash every 2 days
    Please pay rent on time
    Please make a time once in week to set the day when we together can complete cleaning of apartment
    Please no drama no arguments, no screaming, and conflict situations no borrowing things or money.
    Please no Nude( try to manage to keep par of shorts or pants and Ti-short)
    Please no walking in shoes
    Please strictly platonic relationship and respect
    __________________________________________
    Full Name (print only)
    X____________________________ ____________ ______________________
    Signature of renter Date
    __________________________________________
    {name edited out}(print only)
    X_________________________________________ ________________________
    Signature of {name edited out}Date

    Last edited by ScottGem; Aug 1, 2008 at 10:43 AM.
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    4 Answers
    ScottGem's Avatar
    ScottGem Posts: 61,894, Reputation: 5755
    Computer Expert and Renaissance Man
     
    #2

    Aug 1, 2008, 10:36 AM


    This is very confusing and too much information. I*'ve also edited out the personal info

    The bottomline here, is if you have a signed agreement, then they have to follow the terms of that agreement. If they don't you can terminate the agreement and evict.

    Also, you need to review your lease with the landlrod and see if roomates or sub lets are allowed. If its Rent controlled, then its likely not.
    Helpful
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #3

    Aug 1, 2008, 10:37 AM
    You must follow the laws in your jurisdiction and do a formal eviction.

    I would advise that you not post so much of your personal information on the internet.

    Things like you real name, really should be kept private.
    Helpful
    plonak's Avatar
    plonak Posts: 742, Reputation: 117
    Senior Member
     
    #4

    Aug 1, 2008, 04:06 PM
    WOW that's a lot of information for one person to handle, jeez I have a headache..

    Also the next time you post something on an english website, can you please get someone who actually knows how to type in english? It's really frustrating trying to figure it all out.
    Helpful
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
    Ultra Member
     
    #5

    Aug 1, 2008, 11:02 PM
    And the bad news is, if you can't sublease or rent to roommates because of the rent control, it doesn't matter how good your contracts are. The courts will not help you commit an illegal act, so if it goes to court the roomie will win.
    Helpful

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