Hi,

I need advice on my current situation with my roommate. She is not on the lease, nor did we sign any type of agreement when she moved in.

I gave the 30-day notice at the beginning of the month (the 1st). I told my roommate a few days later (though we had previously discussed the fact that we would probably be moving out in a little more than a month).

Now, she's telling me that if she can't find a place, she intends to squat there and make my landlord kick her out! My landlord won't be able to do the final inspection and will come after me for rent and damages (which at this point I would not be surprised if she inflicts on purpose!).

What can I do? If she hasn't found a place by the end of the month, can I call the cops? Do I technically need to wait the full 30 days? The notice I gave her was NOT in writing- it was verbal. :o( But, I have confirmation (email) that she received the notice on the 4th.

Please help!

You have to give a30 day notice in writing --edited: saw they did say not written notice.
The police will not do anything except tell you she has to be evicted through the legal process.
Have your landlord send her a 30 day notice as well asap.
Then before you move out take dated pictures or preferably a video of the whole place.
If she doesn't leave in 30 days after written notices from both of you then the landlord is going to have to take her to court to have her evicted.

Quote:

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Originally Posted by N0help4u

Was the 30 day notice in writing or verbal?
The police will not do anything except tell you she has to be evicted through the legal process.
Have your landlord send her a 30 day notice as well asap.
Then before you move out take dated pictures or preferably a video of the whole place.
If she doesn't leave in 30 days after written notices from both of you then the landlord is going to have to take her to court to have her evicted.

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And if she is not on the lease but you are any back rent, current rent, future rent, damages are totally your responsibility.

The landlord has no legal relationship with your roommate, only with you.

You should begin the eviction process now.

Yeah that is true the landlord would have to go after the one on the lease and then the OP could TRY and go after her for damages.

If she's not on the contract, then she is virtually non-existent to the landlord. I'd definitely start to move her out. This is your place and your name.

I definitely wouldn't let her "squat" in the apt... she could tear it up and you'd be responsible.

Work with her to find a place for her to go. She has to have family/friends... if nothing else, shelters will take her in.

Do not leave the apartment with her still in it.

Yeah the lease being up and her not on the agreement I would say that you can change the locks once you move out. As long as you have a lease you can not legally kick her out though.
It might help to know your state for specific laws.

I would wait until she leaves for work or something and move her stuff out and ddchange the locks if she gives you too much problem sounds harsh but she is not on the lease... my opinion

Quote:

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Originally Posted by N0help4u

Yeah the lease being up and her not on the agreement I would say that you can change the locks once you move out. As long as you have a lease you can not legally kick her out though.
It might help to know your state for specific laws.

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In NY you cannot lock her out - she's a tenant of the tenant.

She has to be evicted - by the tenant on the lease - or it's an illegal lockout, complete with fines and penalties.

In most states all the person has to do is have the address on something and that makes it illegal to just move them out without a formal legal eviction. Some states all you have to do is stay overnight and they can't be kicked out. You could tell somebody they can stay for a week or a month and then by law you can not just kick them out.
If you 'put their things out' they can sue you if anything happens to their stuff.

Quote:

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Originally Posted by JudyKayTee

In NY you cannot lock her out - she's a tenant of the tenant.

She has to be evicted - by the tenant on the lease - or it's an illegal lockout, complete with fines and penalties.

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Yes I know they have to be legally evicted, but I was thinking that once the lease is up the tenant is no longer a tenant so wouldn't they have to leave when the tenant left and the lease was up?

Quote:

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Originally Posted by N0help4u

Yes I know they have to be legally evicted, but I was thinking that once the lease is up the tenant is no longer a tenant so wouldn't they have to leave when the tenant left and the lease was up?

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Not in NY - in the eyes of the landlord the tenant is still there if the sub-tenant is still there. The tenant has the legal relationship with the landlord.

Another reason why sub-tenants should be put on leases.

Might very well be different in other States but as long as the landlord cannot gain access and rent the apartment to someone else, the tenant is still there.

Quote:

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Originally Posted by JudyKayTee

Not in NY - in the eyes of the landlord the tenant is still there if the sub-tenant is still there. The tenant has the legal relationship with the landlord.

Another reason why sub-tenants should be put on leases.

Might very well be different in other States but as long as the landlord cannot gain access and rent the apartment to someone else, the tenant is still there.

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That really stinks...

To the OP - since this is the case, DEFINITELY start the process of evicting her right away. The sooner the better! Your lease is coming due soon, she needs to be out as well.

Yeah I understand that as long as they won't leave technically the tenant is responsible. I was just hoping that her leaving was a loophole for making her roommate leave with her without going through the eviction process.
You need to do a written notice asap because if she doesn't leave then it has to go through court.

What state are you in because some states an eviction notice can be as little as three days.
Say your state is 14 day eviction and you give her a written eviction on Dec 20 she would have to be out by Jan 3
Then take it to court and she would have to be out by the 17th.
Make sure you date the eviction notice.

Apologies; I can't figure out how to just respond without "answering"!

I am in the state of Oregon. I am hoping that, since there is no written agreement between the two of us, she is technically trespassing once the time for which she has paid (up until Dec. 31st) is up. I am also thinking that her threat to squat in the apartment could be a form of INTIMIDATION, for which I can (if I am the "landlord" and she is the "tenant") evict her with a 72-hour notice. Despite all of her attitude, I still would not serve the 72-hour notice until the 29th of the month.

Thank you all for your advice!

:o)

Quote:

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Originally Posted by N0help4u

Yeah I understand that as long as they won't leave technically the tenant is responsible. I was just hoping that her leaving was a loophole for making her roommate leave with her without going through the eviction process.
You need to do a written notice asap because if she doesn't leave then it has to go through court.

What state are you in because some states an eviction notice can be as little as three days.
Say your state is 14 day eviction and you give her a written eviction on Dec 20 she would have to be out by Jan 3
then take it to court and she would have to be out by the 17th.
Make sure you date the eviction notice.

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Well, and I'm sure we all agree - the roommate seems to be one big con artist and chances are she doesn't know the law. Tell her you're leaving, tell her to get out or she's going to be paying the rent.

I'd still get her evicted but she may very well be all hot air and threats and not know she has to be evicted and OP is responsible for the rent.

Quote:

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Originally Posted by angrypeanut

Apologies; I can't figure out how to just respond without "answering"!

I am in the state of Oregon. I am hoping that, since there is no written agreement between the two of us, she is technically trespassing once the time for which she has paid (up until Dec. 31st) is up. I am also thinking that her threat to squat in the apartment could be a form of INTIMIDATION, for which I can (if I am the "landlord" and she is the "tenant") evict her with a 72-hour notice. Despite all of her attitude, I still would not serve the 72-hour notice until the 29th of the month.

Thank you all for your advice!

:o)

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No, she's your tenant. Doesn't need a written agreement. As I said, I'd try the 72 hour notice. I'd try to tell her to get out. She doesn't know (hopefully) and two people can play her game.

From what I am reading the landlord/you have to give a 14 day notice in Oregon so I would give her a dated notice asap stating out by Dec 31. You should keep a copy and send a certified copy to her as well as hand her one.
This site might help

Oregon Evictions

Hi again, everyone,

Thanks for all of your help. I've been doing a lot of reading and I have posted the same question on a couple other sites.

I am pretty sure, in Oregon, I am required to give a written, 30-day notice. Does anyone know for sure if the email from her to me confirming that she got the notice on the 4th will hold up in court?

If it won't, can I write up a new agreement, say for renting on a weekly basis, and then give her a 10-day notice?

If she doesn't agree to the terms of the written agreement (in which I would state that the rent was due in cash 3 days prior to the beginning of each "rental period", as well as asking for a 100$ deposit, which would be returned as long as she does her fair share of cleaning), is that grounds for terminating our arrangement?

I'm hoping this will help me get around the fact that I didn't give her a written notice.

Does anyone have any other answers?

Oh, and what's the deal with the 72-hour notice? I am under the impression that I can only give that under very specific circumstances. One of which is "intimidation", but I still haven't figured out if her threat to squat in the apt (which I have proof of in an email!) counts as such... Any help?

One last thing. If she refuses to pay rent this month (we are supposed to be out on the 31st but I am pretty sure my landlord will let me extend), is that grounds for eviction, even though I didn't give her the proper notice?

She actually DOES know the law, or at least has friends who will help her, which is one thing that concerns me. I am trying to believe that she's not the horrible freeloader that she seems to be but... every day it gets harder. She is deliberately evasive and vague about her intentions if she's unable to find a place, which makes me think they (her intentions) are not honorable...

Thank you all so much for your help, and for not treating me like the idiot that I know I am. :o)