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Deadbolt SUE · Jul 19, 2008, 09:40 PM

Hello , I need some advice so I don't get myself in trouble.

I signed a 1 year lease with a co-worker and moved in together. Everything great but bigproblem! he decides to not pay his share of rent.

So after 3 months of his I get fed up and take matters in my own hands when after I went down to talk to the Apartment Mananger to no avail.

He came back saw the bolt on his door and the letter I attached to the door and took out his digital camera and started taking pictures !

Can I be counter-sued ?

This jerk stuck me with a full 1 year of financial headache and mental trouble.

IN NEED OF ADVICE

WVHiflyer · Jul 19, 2008, 10:04 PM

Each state difers a bit on renters' laws. The US Housing and Urban Development website has a detailed listing of each state's laws regarding tenants and landlords. The first prob I see, though, is that you didn't say whether you had notified your roommate in writing that being locked out would be a possibility. If you didn't, then you are in the wrong.

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Deadbolt SUE · Jul 19, 2008, 10:11 PM

I am in Nevada state. He NEVER Once paid me a dime accept on moving out and it was only for a month fee and no help with utilites as well. .

Notify how ? I don't quite understand why and how to notify him . HE knows he is in the wrong and owes up.

I think that is why he left besides the deadbolt trick.

Deadbolt SUE · Jul 19, 2008, 10:27 PM

I forgot to mention I have a IOU Letter from him without a date ;(

WVHiflyer · Jul 20, 2008, 12:01 AM

The IOU should give you leverage. But you'll prob have to take hime to court to get it honored. By 'notify' I meant put it in writing, pref notarized, that he pays or you change locks and keep his stuff. Check the HUD web site, but you can prob sell his stuff after a while if he doesn't pay - but check the law first.

Deadbolt SUE · Jul 20, 2008, 02:10 AM

I just found another signed and dated letter stating : I promise to hand over my check when I find a 2nd job with date and signature before he moved out and I believe after I placed the deadbolt on his door . D

I notifited the manager about his actions of nonpayment of rent and utilites they didn't seem to be caring or understanding as long as someone pays in full .

I had the police called out when him and his buddies came over to escort and keep the peace while moving his things out.

He is the one who moved out without submitting a 30 day notice.

I did place a deadbolt on his room door.

I had no ideal to send him a certified copy eviction notice being him on the lease with me .

I thought management handled the evictions.

Besides we are / were both on the lease together :confused:

Deadbolt SUE · Jul 20, 2008, 02:12 AM

Should I pursue the sepenoa or shall I suck it up and cut my losses and chalk all this up to the life lessons ?

Fr_Chuck · Jul 20, 2008, 06:24 AM

Can they sue, yes, it is not legal to lock someone out of a rental property, the courts look at this very very seriously.

Your legal option was to evict them for non payment and sue them. Locking someone out will allow them allot of room to sue you even if you don't sue them. With a photo of the lock and a letter locking them out, yes you could be in very very serious trouble, I would get an attorney very quickly.
They could win more from you than you can get from what they owe you in the lease.

LILL · Jul 20, 2008, 06:55 AM

Fr. Chuck is right. What you did is called an "illegal eviction/lockout". Courts do not look kindly on this. You should have followed proper eviction procedures as outlined in your local landlord/tenant laws. If your roommate decides to sue... get yourself a good attorney.

JudyKayTee · Jul 20, 2008, 08:30 AM

Originally Posted by Deadbolt SUE

I am in Nevada state. He NEVER Once payed me a dime accept on moving out and it was only for a month fee and no help with utilites as well . .

Notify how ? I don't quite understand why and how to notify him . HE knows he is in the wrong and owes up.

I think that is why he left besides the deadbolt trick.

You locked him out - that's illegal. You have to go through legal channels to evict him.

And, yes, he can countersue you. Never a good idea to take the law into your own hands unless your life is on the line. Judges don't take kindly to this sort of stuff and you've now turned yourself from abused roommate to mean roommate.

excon · Jul 20, 2008, 08:59 AM

Hello Deadbolt:

You aren't his landlord, so YOU can't evict him. You are BOTH on the lease. So either you pay his share or you BOTH get evicted. He could sue you for illegal eviction. He'd win because you locked him out. You had other remedies and didn't take them.

Should he sue you, you can counter sue for his half of the expenses. If he doesn't sue you, you can still sue him, and of course, he can counter sue for your illegal eviction.

If it were me, I'd just let it go. He's gone.

excon

froggy7 · Jul 20, 2008, 09:25 AM

And of course the landlord doesn't care that your roommate isn't paying his part of the rent. If he was smart, he had you sign a lease saying you are jointly and severally liable for the rent, which means that he gets the full amount from whoever will pay it. So your roomie can skip out on paying for the full lease, and it doesn't alter the landlord's ability to demand the full rent from you.