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-   -   Roommate won't leave (https://www.askmehelpdesk.com/showthread.php?t=655350)

  • Apr 28, 2012, 01:35 PM
    sk00ter1
    Roommate won't leave
    I'm renting a home,and I have a friend move in. He's not on the lease.He was paying his share of the rent to me,and I sent all of the rent to my landlord.Now my roommate is refusing to pay his share of rent.I verbually told him he has 30 day's to get out.His sister got involved and told me that I can't throw him out because he's disabled.I told her if he's not paying his share of the rent,and he's not staying here for nothing,and I'm throwing him out on the 30th day.I would like to know what my right's are.I want him out...
  • Apr 28, 2012, 01:42 PM
    JudyKayTee
    He is your tenant and you have to evict him according to the laws of your State.
  • Apr 28, 2012, 02:32 PM
    ballengerb1
    I agree with Judy, follow the law. Where do you live? Telling him verbally to leave does not constitute the start of what may lead to eviction. Where is this?
  • Apr 28, 2012, 04:02 PM
    AK lawyer
    Quote:

    Originally Posted by sk00ter1 View Post
    ... I verbually told him he has 30 day's to get out. ...

    Not good enough. You have to give him written notice, generally 30 days but it depends on where you live. If then, he still hasn't left, you can take him to court.
  • Apr 28, 2012, 04:19 PM
    ScottGem
    This person is your tenant and you are his landlord. You need to follow the rules governing landlord/tenant relations for your area (ANY question on law needs to include your general locale as laws vary by area. ) But the good news is you may not have to wait long. If there was an agreement to pay rent and you ave proof he was paying rent, then you can give him a pay or quit notice. Pay or quit notices generally have a deadline of 3 to 15 days depending on local law.

    So you find out what the law is in your area (if you tell us where you are we can help) and give him written notice on Monday. If he still refuses to leave and does not pay, then you go to court for an eviction order when the time expires.
  • Apr 29, 2012, 05:00 PM
    stridertheking
    Quote:

    Originally Posted by sk00ter1 View Post
    I'm renting a home,and i have a freind move in. He's not on the lease.He was paying his share of the rent to me,and i sent all of the rent to my landlord.Now my roomate is refusing to pay his share of rent.I verbually told him he has 30 day's to get out.His sister got involved and told me that i can't throw him out because he's disabled.I told her if he's not paying his share of the rent,and he's not staying here for nothing,and i'm throwing him out on the 30th day.I would like to know what my right's are.i want him out...

    Look at the lease. You may not be able to have some one else stay there.If that is the case then tell your landlord some jerk is trying to stay here. If he paid in cash with no proof he paid. Tell the police you have an intruder and they will come and get him. And make his life hell. He will want to move.
  • Apr 29, 2012, 05:11 PM
    ScottGem
    Quote:

    Originally Posted by stridertheking View Post
    and make his life hell.

    This site does condone or allow advice that breaks the law. Your advice is legally wrong or illegal {Ie removed sections advocating illegal activities}. The landlord can do nothing except evict BOTH

    For one, the police will do nothing since this person has established residency. And if the OP calls claiming an intruder he can get in trouble for filing a false police report. Harassment is illegal so advising someone to make life hell is out of line.
  • Apr 30, 2012, 07:10 AM
    ballengerb1
    I agree, pos #6 contains advice which is factually incorrect and illegal.
  • Apr 30, 2012, 07:18 AM
    JudyKayTee
    Quote:

    Originally Posted by stridertheking View Post
    look at the lease. You may not be able to have some one else stay there.If that is the case then tell your landlord some jerk is trying to stay here. If he paid in cash with no proof he paid. tell the police you have an intruder and they will come and get him. and make his life hell. he will want to move.


    Wrong and illegal.

    "We" take great pride in our answers on AMHD's technical boards (medical, legal). Some people who post are Attorneys, work in another part of the profession, have gone to law school, do great research.

    Your advice could get the person arrested and is totally irresponsible and ill-advised.

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