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motifator
May 16, 2008, 08:28 AM
I have a roommate who is not on the lease, does not pay anything after agreeing to, I want to get her out. What do I have to do. I live in Pennsylvania.

progunr
May 16, 2008, 08:34 AM
You will have to find out what the steps are for eviction in your jurisdiction.

The courthouse will have all the necessary documents and while some allow the landlord to process the eviction, some will require that it be done by an attorney.

The only other option is for you to make it so uncomfortable for this deadbeat, that they leave on their own, without violating any laws.

You can get creative, loud music when they are trying to sleep, having a bunch of friends over for a loud party while they want to sleep, leaving your dirty clothes all over the place so they would be ashamed to have any of their own company over, stop buying any food or drink for them to consume, throw away or pour out anything that they bring into the home, you get the idea.

I guess it depends on how creative you want to be in creating an environment where this person no longer wants to squat.

ballengerb1
May 16, 2008, 09:05 AM
I'd agree that eviction is the proper course to follow. You could try to sue her in small claims but your verbal agreement will likley be denied by her, right?

JudyKayTee
May 16, 2008, 10:39 AM
You will have to find out what the steps are for eviction in your jurisdiction.

The courthouse will have all the necessary documents and while some allow the landlord to process the eviction, some will require that it be done by an attorney.

The only other option is for you to make it so uncomfortable for this deadbeat, that they leave on their own, without violating any laws.

You can get creative, loud music when they are trying to sleep, having a bunch of friends over for a loud party while they want to sleep, leaving your dirty clothes all over the place so they would be ashamed to have any of their own company over, stop buying any food or drink for them to consume, throw away or pour out anything that they bring into the home, you get the idea.

I guess it depends on how creative you want to be in creating an environment where this person no longer wants to squat.



Sorry, but I don't agree with driving the roommate out - then she/he will claim there is an oral agreement and he/she was constructively evicted. Pennsylvania Law specifies that if the living conditions are unbearable the tenant CANNOT be evicted and does not have to pay rent - I would think keeping the tenant awake, things of this nature, make the living conditions unbearable and could get you arrested.

There are laws in place for these situations.

Evictions for non-payment of rent require a WRITTEN NOTICE TO QUIT at leat 10 days before you file a formal eviction.

If the tenant does not move out after the 10 days, then you go to Court and file a complaint and request eviction.

progunr
May 16, 2008, 11:40 AM
Sorry, but I don't agree with driving the roommate out - then she/he will claim there is an oral agreement and he/she was constructively evicted. Pennsylvania Law specifies that if the living conditions are unbearable the tenant CANNOT be evicted and does not have to pay rent - I would think keeping the tenant awake, things of this nature, make the living conditions unbearable and could get you arrested.

There are laws in place for these situations.

Evictions for non-payment of rent require a WRITTEN NOTICE TO QUIT at leat 10 days before you file a formal eviction.

If the tenant does not move out after the 10 days, then you go to Court and file a complaint and request eviction.

First, I don't give legal advice, just opinions.
Second, I did advise to evict first and foremost.
Third, this deadbeat is not paying rent anyway and I doubt that loud music would qualify
As "unbearable". After all the tenant on the lease has rights too, more than the squatter in my opinion. It is very unlikely that such a squatter would attempt any type of legal
Action given the fact that she is not on the lease, has no written agreement, and is not paying a dime.

You have your ideas, I have mine, they are just different, but I'm not going to give you a red dot over it.

ScottGem
May 16, 2008, 11:46 AM
First, I don't give legal advice, just opinions.

You have your ideas, I have mine, they are just different, but I'm not going to give you a red dot over it.

The problem here is that this is the Real Estate LAW forum. Therefore, the advice given here should adhere to the law. Advising someone to break or bend the law in retaliation is not acceptable advice.

JudyKayTee
May 16, 2008, 12:55 PM
First, I don't give legal advice, just opinions.
Second, I did advise to evict first and foremost.
Third, this deadbeat is not paying rent anyway and I doubt that loud music would qualify
as "unbearable". After all the tenant on the lease has rights too, more than the squatter in my opinion. It is very unlikely that such a squatter would attempt any type of legal
action given the fact that she is not on the lease, has no written agreement, and is not paying a dime.

You have your ideas, I have mine, they are just different, but I'm not going to give you a red dot over it.


Sorry you feel that way but advising someone to break the law and risk arrest is just not sound legal advice. The last time you had similar advice I let it go; this time I did not.

I am quoting your profile: "Please rate my answer, good or bad. Remember though, rate based on facts, not emotions. You may not like what I said, but, is what I said accurate?"

No, your advice was not accurate.

progunr
May 16, 2008, 01:25 PM
Sorry you feel that way but advising someone to break the law and risk arrest is just not sound legal advice. The last time you had similar advice I let it go; this time I did not.

I am quoting your profile: "Please rate my answer, good or bad. Remember though, rate based on facts, not emotions. You may not like what I said, but, is what I said accurate?"

No, your advice was not accurate.

OK. Point taken.

Guess I'm just not the type to sit back and let someone walk all over me, never have,
Never will.

This squatter, in my residence, would be miserable. That much I can guarantee. And, if I had to pay a price for that, so be it.

I will pay closer attention to the category where things are posted, and will keep my "bending" of the law off any forum that has the word "legal" in it from now on.