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-   -   Violent roommate not on lease refuses to leave (https://www.askmehelpdesk.com/showthread.php?t=95386)

  • May 24, 2007, 12:02 AM
    StarvinTeacher
    Violent roommate not on lease refuses to leave
    Out of desperation, I moved in with a former coworker. My name is on the lease because his credit is too bad to get an apartment in a decent area by himself. He constantly makes sexual comments, eats my food, and then when I mention something about it becomes angry, yells at the top of his lungs and one time even refused to leave my bathroom saying that the wasn't leaving "until I'm finished saying what I have to say."

    I'm not afraid for my life but I am afraid for my possessions, my dog, and my emotional well being. Living with him is stressful.

    I want him out.

    He did not properly research the law but stated that "how much do you want to bet you can't kick me out."

    I was going to change the locks but my dad, who's in Michigan, suggested I don't.

    Someone at work suggested I get a restraining order, how will this protect my belongings, dog, and myself?
    Should I have him sign a subleasee agreement even though he technically cannot live here?

    Is this an effective way to get him out?
    I want him out ASAP.

    Please help.
  • May 24, 2007, 07:35 AM
    bhayne
    If he's not on the lease he's tresspassing. Well, I would call the police to remove him. He'll probably fight with the police and end up in jail so if's that what you want, go for it.
  • May 25, 2007, 07:52 AM
    excon
    Hello starvin:

    If he pays rent, he's a tenant. If he can show the cops proof that he does, they won't touch it. If you're not fearful for your personal safety, then you won't get a restraining order either.

    Therefore, you have to evict him according your states landlord tenant laws. You can find a copy at the top of this forum on a sticky note.

    excon
  • May 25, 2007, 01:19 PM
    DC Bob
    I DEFINITELY wouldn't sign a lease with him. Since he has been paying rent, he may have an implied tenant status, and probably has some property rights. However, his harassment of you undercuts his legal standing. Property law does not require you to be harassed by this guy.

    I hope this difficult situation works out for you.
    - Bob
  • May 25, 2007, 02:00 PM
    Ladyviper
    I would talk to the landlord, and see about breaking your lease. If you move out he will have no other choice than to leave. Box up your most prized possessions and store them in a storage facility, have your dog boarded or a friend keep him for awhile.

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