What are my grounds on kicking my roommates girlfriend out of my house if she is not on the lease?
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What are my grounds on kicking my roommates girlfriend out of my house if she is not on the lease?
If she's not on the lease, she might be considered a guest. But since she's not your guest but your roomate's guest, I would suspect you would have to kick them both out.
So you need to give us more info. Are you the landlord renting some of your space to your roommate? Or are you and your roommate both on a lease with the home owner. And why do you want her out?
Me and my roommate share a lease, a few months ago her landlord evicted her and my roommate offered to let her stay at our place she pays her rent to me and pays her bills on time to me, which I pay out to my land lord and utilities. We argue all the time and I can no longer stand to be around her, she needs to go. Where do I stand?
You don't. Since you and your roommate share the lease equally, you both have to agree on evicting her. Since she pays rent, she has a defacto month to month lease. Since she's not on the lease you and your roommate are her landlords so your landlord doesn't enter into the picture.
Looks like you should be asking your roomie for a buyout and finding someplace else to live.
Well I guess that means that I will have to do everything in my power to make her life miserable so she will leave on her own accord. This could be fun!
Enjoy
It depends on the terms of your lease. Go and get your lease and read it. If it states like most leases do you can have a guest for 14 days only per 6months or a year. Depends on the language of the lease.Quote:
Originally Posted by ScottGem
Does this lease allow tenants to sublease?
Most do not. If your lease does not allow subleasing the above "advise" if followed
will lead you down a very rough road.
If your lease does not allow subleasing.
You are NOT the landlord. You cannot evict
anyone. She has a defacto =Nothing=.
By having her living there without the Landlords knowledge what she is really is
lease violation. Nothing else.
If your lease does not allow subleasing you and your roommate have breached the terms of your lease. Your landlord can legally boot
=all= of you out.
The correct thing to do =DEPENDING ON THE LANGUAGE OF YOUR LEASE= if your lease does not allow subleasing. Is to ask your landlord if you can add another tenant to the lease.
She would have to fill out a application and
go through screening like any other applicant.
Since she was evicted chances are high that the landlord will not accept her. The landlord can not be overly picky when you want to bring in another roommate but when this roommate has a eviction on their record any judge will rule with the Landlord that it is within the Landlords right to refuse tenadancy.
So there is your way to boot her. You make your landlord aware of this sitch be prepared that you and your roommate may be booted for
breaching your lease.
You make a lot of assumptions here. You do have a point in that if the lease doesn't permit subleasing, her living there violates the lease. But in that case the landlord evicts ALL of them. So that's not an answer.Quote:
Originally Posted by scri8e
Since she has been paying a monthy rental ("she pays her rent to me and pays her bills on time to me") that makes her a defacto tenant. All she has to do is prove the payments. Her being a tenant may violate the lease with the property owner, but that doesn't change the fact that she's a tenant and protected under local L/T laws.
I don't understand how adding her to the lease solves anything. I don't think getting the property owner involved is a good idea in anyway. There is no given that he will do a background check on her. Its not a requirement and since he has an existing tenant to vouch for her he probably wouldn't go through the expense.
You also ignore an important factor, this is the girlfriend of one of the roommates. How do you think he's going to react to the other roomie trying to kick his girlfriend out?
I stand by my original answers. I don't see any practical or legal way to oust the girlfriend. The best course is for the OP to move.
Well that is the problem with sharing a place you are both on the lease... It really boils down to this.. one moves out.. I suggest talking to landlord on your own explaining everything maybe he/she will let you break the lease.
Scott you make assumtions throughout all of your replies.
Fact #1)
Both roommates have violated the lease.
The Landlord does not pay for the credit check. In some rare cases a landlord may chose to.
It is not customary.
Fact #2)
In many states there are laws that set the
Credit check amount cannot be above a certain amount. In CA it is $35.00.
Fact #3)
A standard lease includes the language of No Subleasing. Not the other way around.
I don't deny I've made some assumptions, but any that I've made were logical based on what the OP told us.Quote:
Originally Posted by scri8e
As for Fact #1, I don't see that at all. We don't know what the lease says about subletting. The only way they violated the lease is if it prohibits subletting.
As for Fact #2, what does that have to do with anything. Its still an expense even if it's a minimal one. Not all landlords go through that process even for a new tenant. We have no idea whether this landlord rents a single property or many.
As for Fact #3, while it may be a logical assumption that the lease prohibits subletting, it still has no bearing on the OP's problem. If they broke the lease then going to the landlord gets them all evicted.
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