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-   -   Roommate stopped paying rent, how to kick him out? (https://www.askmehelpdesk.com/showthread.php?t=125106)

  • Sep 2, 2007, 11:43 AM
    AMARERND
    Roommate stopped paying rent, how to kick him out?
    My mother-in-law bought a condo in CT. She is the legal owner. Her boyfriend moved in with her, they had no written agreement or contract. There was an understanding he would pay for 'rent' however this was not consistent and payment amounts varied. The relationship ended in May and he has ceased giving her any money at all however he continues to live there and be verbally abusive as well as an alcoholic. While living there, (he is a carpenter) he installed new kitchen cabinets (over a year ago) and won't leave until he is given 'equity' and 'payment' for the cabinets. He has also scared her into thinking that she is doing something wrong and has no rights.

    We have been trying to get this guy out. She had a sherrif drop off a letter from an Attorney advising him to vacate by 07/31. He has not left, however has since bought his own place. It is now 09/01 and he is still there, along with all of his stuff.

    We want to change the locks on Tuesday and have told him so today. He thinks he can come and go as he pleases until he gets all of his stuff out. Is this true? We gave him written notice to vacat as well as waited an additional 30 days. Can't we change the locks on her place, and advise him to schedule time with her to come and remove his stuff? And how long do we have to wait before we remove his stuff from the property?
  • Sep 2, 2007, 12:25 PM
    nicespringgirl
    Make the person move out!
    Set a time and place for the meeting, and give your roommate(your mother in law's) boyfriend advance notice. This will prevent him from feeling cornered when you do talk.
    Point out that he might be happier living somewhere else. If you are relieving him of the responsibility to pay rent, it could be thought of as a get out of jail free card.

    (Edited). Thank you Scott to point out, I meant he-mother in law's boyfriend.
  • Sep 2, 2007, 12:49 PM
    ScottGem
    What has happened here is your mother entered into a landlord/tenant relationship with this person. He has established tenancy by virtue of paying some rent and by occupying the premises. So you have to formally evict him. This means you can't, legally, change the locks, until after he has been evicted. You have given him sufficient notice to vacate, since he hasn't you have to go court and obtain an eviction order. You need to check with the local housing court as to what the process for that is. Generally, a hearing date is set to get a judge to sign an order. Since there was no written agreement, your MIL can terminate the tenancy with 30 days notice, which she has done. So he has no grounds for staying. Once the judge orders the eviction, you can hire a sheriff to remove him and his belongings.

    Another tactic you can also use, if he has been abusing her is to get a restraining order against him.

    P.S. to nicespringgirl
    Sorry but your advice is off base here. The MIL OWNS the condo. Why should she move?
  • Sep 2, 2007, 02:57 PM
    AMARERND
    We do plan on changing the locks still on Tuesday. He has not stayed at the house for the past two nights and does have a residence of his own now. Does that count for anything? It seems crazy that he would be able to come and go as he pleases now. She hasn't done the formal eviction or restraining order due to money issues.
  • Sep 2, 2007, 04:04 PM
    ScottGem
    Quote:

    Originally Posted by AMARERND
    We do plan on changing the locks still on Tuesday. He has not stayed at the house for the past two nights and does have a residence of his own now. Does that count for anything? It seems crazy that he would be able to come and go as he pleases now. She hasn't done the formal eviction or restraining order due to money issues.

    I caution you against changing the locks. That would be illegal. He could call the police and have them break down the door, if he can't get in. As long as he leaves possession in the place, you have to have them removed legally. An eviction does not cost too much.
  • Sep 2, 2007, 05:13 PM
    s_cianci
    Did you get an actual court order for him to vacate? If not, do it immediately. You'll have to give him 30 days from when the court order is issued. If you already have a court order and the 30 days has passed, then change the locks and put his belongings out on the curb.
  • Sep 2, 2007, 05:35 PM
    terminator05
    You could always literally kick him out, just make sure you got a steel toe boot! LOL

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