[DC11]

For the last 18 months I've had a friend living with me. In that time, they've never paid rent on time and have never paid their portion of a couple of bills. For the first 10 months, I was having money problems as well, so we just did what we had to do and it wasn't an issue. So far this year, my money issues are taken care of, so I've always taken care of my part of the rent and bills. Unfortunately, my landlord won't take partial rent payments, so I've been having to wait for them to get theirs before I could pay. After a utility was shut off due to non-payment on their part, I paid the entire bill off, got it turned back on and asked him to leave. This was in late July.

Since they were a friend (obviously not anymore) I offered to pay all of August's rent with the agreement that he would leave at the end of the month. In early August, I got a call from the landlord saying that the late fee's accumulated needed to be paid off. Upon hearing this, I went off on him and it lead to a huge fight that ended with him saying "I'll leave when I'm ready to leave". We've yet to say a word to each other since, and they haven't left yet. I know that he won't pay this month either, and any other month he stays. And I wouldn't be surprised if he stayed until I've taken legal action, and even then he probably wouldn't leave until he had to be physically removed.

I have no idea what to do. I've made terms with the fact that I'll never see the past money owed. I'm fine with that. I just want my apartment back. I've got a new person ready to move in, and I had to have them wait a month because of this. I don't know how much longer they'll have to wait. And I can't afford another month of having to pay the full rent.

What are my options? What is the most quick option?

Thanks a lot in advanced.

[LisaB4657]

You're going to have to evict this person. First you give them a written notice stating that they must pay all past due amounts within 3, 5, 7 or 10 days. (The amount of time depends on your state law and the notice must state the exact amount that is due.) If they haven't paid in full by that date then you file a lawsuit for eviction.

If they pay in full by that date, then you give them a written notice that their tenancy is terminated and they must move out within 30 days. If they haven't moved out by that date then you can file a lawsuit for eviction.

At the top of the Real Estate Law forum is a sticky post with links to the landlord/tenant laws for all of the states.

[DC11]

You're going to have to evict this person. First you give them a written notice stating that they must pay all past due amounts within 3, 5, 7 or 10 days. (The amount of time depends on your state law and the notice must state the exact amount that is due.) If they haven't paid in full by that date then you file a lawsuit for eviction.

In writing, do you mean typed out on a legal form? Does it have to be notorized?

Sorry for my ignorance in this. I've never been through something like this before.

[LisaB4657]

In writing, do you mean typed out on a legal form? Does it have to be notorized?

It doesn't have to be typed out or notarized. It just has to be written on a piece of paper as opposed to being a verbal notice. Make sure you keep a copy of it to show the judge if you end up having to go to court.

Sorry for my ignorance in this. I've never been through something like this before.

No problem. That's what we're here for. :) But I suggest that you familiarize yourself with your state's landlord/tenant laws if you plan on continuing as a landlord.

[DC11]

But I suggest that you familiarize yourself with your state's landlord/tenant laws if you plan on continuing as a landlord.

Am I considered a landlord in this situation? That does make sense considering the situation. I just want to make sure that if I end up having to go the legal route, that I'm correct in saying that.

Thanks again for the information.

[LisaB4657]

If you are the only person who signed the original lease then your roommate is subleasing from you. For legal purposes that makes you a sublandlord and they are a subtenant.