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View Full Version : Roommate not on lease, not moving out, but pays some rent (late) unofficially.


newyorkresident
Jun 21, 2012, 07:30 PM
Hi. I am on the lease with my friend (A). We each have separate rooms. Then I decided to find a roommate (B) to live with me.

She has now been living in my room with me for what will be six months at the end of this month. We have no contract or lease agreement. She just lives here, and gives me a check for less than what is actually half of the rent, which is written to me.

Living with her has been intolerable for the past four months. She never sleeps at normal hours. She video chats 24/7, even as she sleeps. She blasts music at 3-5 am. She stomps around, bangs pots and pans in the kitchen, and doesn't clean up her dog's waste for 24 hours. Our neighbors have complained about her being loud all throughout the night. She is supposed to split my half of the rent, but insists that we had agreed on something less. She slams doors, yells all the time, and doesn't respond to texts, calls, emails, etc.

As a result, I have not slept a decent night's sleep for the past four months. I've dealt with neighbors' complaints. And I have her 7 days notice, which I could give her thirteen days instead, since that would be through the end of the month.

Do I have to give her 30 days? Isn't there anything else? Since she is not on any legal documentation. We never set a term/lease agreement. Or anything for that matter. She threatened to make my life hard. And my friends won't let me go home, in fear that she will hurt me.

She refuses to leave until MY lease is up, which is in two months.

What can I do? I don't have the money for an attorney or any legal aid. But should she take me to court, what are my options?

Honestly, I just want her to move out as soon as possible, as smoothly as possibly.

smoothy
Jun 21, 2012, 08:15 PM
Hi. I am on the lease with my friend (A). We each have separate rooms. Then I decided to find a roommate (B) to live with me.

She has now been living in my room with me for what will be six months at the end of this month. We have no contract or lease agreement. She just lives here, and gives me a check for less than what is actually half of the rent, which is written to me.

Living with her has been intolerable for the past four months. She never sleeps at normal hours. She video chats 24/7, even as she sleeps. She blasts music at 3-5 am. She stomps around, bangs pots and pans in the kitchen, and doesn't clean up her dog's waste for 24 hours. Our neighbors have complained about her being loud all throughout the night. She is supposed to split my half of the rent, but insists that we had agreed on something less. She slams doors, yells all the time, and doesn't respond to texts, calls, emails, etc.

As a result, I have not slept a decent night's sleep for the past four months. I've dealt with neighbors' complaints. And I have her 7 days notice, which I could give her thirteen days instead, since that would be through the end of the month.

Do I have to give her 30 days? Isn't there anything else? Since she is not on any legal documentation. We never set a term/lease agreement. Or anything for that matter. She threatened to make my life hard. And my friends won't let me go home, in fear that she will hurt me.

She refuses to leave until MY lease is up, which is in two months.

What can I do? I don't have the money for an attorney or any legal aid. But should she take me to court, what are my options?

Honestly, I just want her to move out as soon as possible, as smoothly as possibly.She's legally a tenant...

You have to have her served... thats 30 days... then if she doesn't go you take her to court.. and they remove her, that may take the two months.. or most of it.

You can pay her to leave... or you can live with it another two months... unless she threatens then you could call the cops... you really don't have much in the way of options... not in the time frame you have given.

newyorkresident
Jun 21, 2012, 08:21 PM
Thank you.

Sorry, I don't have any legal knowledge. So do I have to get a legal form? Or do I construct one?

ballengerb1
Jun 21, 2012, 08:28 PM
I agree with smoothy but you need to tell us where you live to get a more refined answer. Definitely is a resident and must be evicted by the laws of your state. Tell us where you are and we should be able to give you a link to the forms to evict. BTW when you said she pays some rent but less than half, did you mean half of the total rent or half of your half?

newyorkresident
Jun 21, 2012, 08:36 PM
I agree with smoothy but you need to tell us where you live to get a more refined answer. Definitely is a resident and must be evicted by the laws of your state. Tell us where you are and we should be able to give you a link to the forms to evict. BTW when you said she pays some rent but less than half, did you mean half of the total rent or half of your half?

I'm in New York.

Less than half of my half.

ballengerb1
Jun 22, 2012, 10:28 AM
Try this https://www.rocketlawyer.com/secure/interview/questions.aspx?document=10636906#q2