I have had the same roommate for 3 months now.I have only gotten 1 months rent and he still owes me $950.He has loud partys and created problems with the home owners association, for which I may be fined.In addition to this personal items have been stolen by ether him or his friends(not of significant value but frustrating nevertheless).The house is my father's and he wants the roommate to be evicted.I want him evicted as well because this is making my life a living hell. However I want to make sure that I get the money.If I evict him how can I be sure to get my money?He is on a documented lease.My other roommate is friends with him and just moved in.He has not paid ether.However he is not on a lease and has been here about two weeks.How much notice do I need to give them to vacate the property? I would prefer to evict them immediately.If I do that is there anyway I cans till get my money? I fear that if they are evicted I will never see the money.

I don't see how the eviction has anything to do with collecting the money they owe?

You need to check the Landlord/Tenant laws where you live, every jurisdiction has different time frames and notices required.

Since you want them out immediately, get to work on that first as the process can take 30 days or more to be completed.

What you need to do in the meantime is some detective work. You need to find out now, while they are still available and you have contact with them, where they bank, and what their account numbers are. You will need this information when you take them to small claims if you do win a judgment.

You need to identify any personal property that they own such as property, vehicles, boats, RV's, Motorcycles, really anything of substantial value that may also be available for use in satisfaction of the judgment.

You have some work to do so I'll let you get to it.

I don't see how I can get the money if they are evicted.I know I may I have to give the roommate who owes $450 30 days. But the other person I do not believe I have to give any notice.


Thanks for the advice

Is it legal for me to try and find out personal information like account numbers ?

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Originally Posted by bill2009

I don't see how I can get the money if they are evicted.I know I may I have to give the roommate who owes $450 30 days. But the other person I do not believe I have to give any notice.


Thanks for the advice

Is it legal for me to try and find out personal information like account numbers ?

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If you don't evict him, how are you going to get him out? You can ASK him to leave, but if he doesn't... back to how are going to get him out? After two weeks (or whatever period of time) he's become an invited guest, at the very worst, and in most localities this is a civil matter, not a criminal matter, so the Police are of no help.

Curious why you don't believe you have to give him notice.

Yes, it's legal to get personal info but you cannot use illegal means to do so.

If you have a check that has been returned to you not paid, you OWN the account number.

Once someone is "allowed" to take residence somewhere, even without a lease or signed agreement many jurisdictions give them rights. While I disagree with it, it happens.

Have you ever seen the movie Pacific Heights.

If not, just for the heck of it you should watch it sometime. It is one of the most dramatic representations of what situations a landlord can end up in and how ridiculous some of our laws are that provide so many rights and protection for people who deserve none.

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Originally Posted by progunr

If you have a check that has been returned to you not paid, you OWN the account number.

Once someone is "allowed" to take residence somewhere, even without a lease or signed agreement many jurisdictions give them rights. While I disagree with it, it happens.

Have you ever seen the movie Pacific Heights.

If not, just for the heck of it you should watch it sometime. It is one of the most dramatic representations of what situations a landlord can end up in and how ridiculous some of our laws are that provide so many rights and protection for people who deserve none.

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It doesn't necessarily have to be returned to have the number - if you deposited the check and ask the bank for a copy, they will provide it for a small charge and then you will have the account number.

As far as motorcycles, cars, those types of assets - it's a lot more difficult to seize or lien against assets than it is against bank accounts and salaries... and occasionally the Sheriff will refuse to do it.

Of course, if the judgment is $10,000 it's worth pursuing -

I don't have any checks because he paid in cash. However I know the home owner association has a lot of his information. To answer the question I live in Florida and from what I have been told as long as someone has not lived someone where for a month you do not need to give them any notice to leave. I guess I will have to go to the court house and get two eviction notices. To me this seems like a ridiculous situation.I have the home owners association yelling at me about violations they commit and there's nothing I can do to get rid of one of them. I will probably end up getting fined because of this.Meanwhile my stuff is getting stolen.Its crazy.

Ok, so let them stay not paying and they will owe you more and more.

To be honest often landlords never ever see money for rent that is not paid. You have to evict, then file in small claims court for the damges ( unpaid rent and other loses)

Now the good and bad news, even if you win in court ( get a judgement) many judgements are never collected, if some states you can get a garnishment against their work or bank account

So you evict them, and then worry about your money.