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View Full Version : How to kick out non-paying roommate, and I am the homeowner!


ladediana
Oct 12, 2013, 12:07 PM
I have been renting a room to my neighbor's mother who has been paying a set amount every month towards expenses. All of the utilities have always been in my name, except last year she offered to take over the trash utility so that one utility is in her name. She sent me a written letter in an envelope, postmarked Oct 1, 2013, stating, "I am writing to inform you that as of Oct. 14th, 2013, I will no longer be residing in the home you own at..."

This week I happen to be visiting family out of state, which I often do, to help care for elderly and disabled family members. I sent my roommate and her daughter who lives next door to us and has been heavily involved in the whole situation, an email, text and voice mail, confirming her letter that she would be moving out by Oct 14th. I have not received a response. The day after I received the letter, a friend of mine, went by the house to show it to a potential renter/buyer. Since I had called my roommate letting her know they would be coming by, she left a note on the door saying "do not enter this property, I will be vacating in a week." The police were called who suggested just wait one week and then she'll be out.

It is moving weekend and now my roommate's daughter sent me a text saying "we didn't get your message." So I sent a reply text saying I was confirming her mother's letter of the moveout date by Monday, Oct 14th, and that I had realtors coming through the property so to be sure to be vacated by then.

Since I have a typed letter with a post-marked envelope from my roommate stating she will be out by Monday Oct 14th, what legal rights do I have if she is still in my house on Monday. There is absolutely nothing in writing between her and I, only the amount of money she has been paying every month towards expenses.

ScottGem
Oct 12, 2013, 12:26 PM
She is a tenant and has to be treated as any tenant would. Without knowing where you are (any question on law needs to include your general locale as laws vary by area) we can't tell you exactly how to proceed.

I suspect you will have to give her written notice to vacate and then follow up with going to court for an eviction order if she fails to vacate.

You might be able to get away without a notice, since she gave notice, but I'm not 100% sure on that, especially without knowing where you are.

ladediana
Oct 12, 2013, 12:41 PM
She is a tenant and has to be treated as any tenant would. Without knowing where you are (any question on law needs to include your general locale as laws vary by area) we can't tell you exactly how to proceed.

I suspect you will have to give her written notice to vacate and then follow up with going to court for an eviction order if she fails to vacate.

You might be able to get away without a notice, since she gave notice, but I'm not 100% sure on that, especially without knowing where you are.

Thanks for the reply. Our place is in York County, PA. I do have the stamped envelope and her letter. I would think since we are roommates and I am the homeowner and she has already provided written notice of vacating by Oct 14th, that I could have her removed as a tresspassor. I have appointments to show the property to other tenants and she put up a sign refusing to let people enter. I have given her several days' notice so I believe it would be OK to enter the property, right?

AK lawyer
Oct 12, 2013, 01:00 PM
Thanks for the reply. Our place is in York County, PA. I do have the stamped envelope and her letter. I would think since we are roommates and I am the homeowner and she has already provided written notice of vacating by Oct 14th, that I could have her removed as a tresspassor. I have appointments to show the property to other tenants and she put up a sign refusing to let people enter. I have given her several days' notice so I believe it would be ok to enter the property, right?

In most states, a landord is required to give a tenant a 30-day notice to vacate before the landord can go to court to evict. This (http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf) appears to be the applicable law in Pennsylvania. Note Section 250.501 which provides for a 15-day notice to quit. I agree with Scott that the fact that she gave you such a notice may make a notice from you unnecessary. In any event, the 15 days would run from the date of your confirming text message.

But, in general, if she doesn't move out when she said she would you would go to court to get an order that the police throw her out. So if she hasn't moved out by Monday you should see an attorney.
No, in all probabliity you cannot treat a tenant (and a paying roommate probably would be a tenant) as a trespasser. It doesn't work that way.

ScottGem
Oct 12, 2013, 01:44 PM
I would think since we are roommates and I am the homeowner and she has already provided written notice of vacating by Oct 14th, that I could have her removed as a tresspassor.

And you would be thinking incorrectly. You own the home, she is your tenant. That is a fact. As a tenant she is entitled to the same protections of any tenant. She is not a trespasser in any interpretation.

If she is not out by Sunday night, then Monday morning you go to the local housing court (I think that is handled by magisterial judges in PA, but you can check with the county offices to make sure) and file for an eviction order.

ladediana
Oct 13, 2013, 05:19 AM
Thanks for all your information.

I just have one more question -- if you were interviewing new tenants, which credit agency would you use?

ScottGem
Oct 13, 2013, 06:18 AM
Any of the three should be reliable. I would look for a landlord's association in your area and ask them. Its usually more cost effective to go through an organization like that then deal with the bureau directly. You do realize they charge a fee for such reports and they won't deal directly with an individual.