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artbugs08 · Jun 20, 2007, 01:30 PM

In the beginning I rented the second room in my 2/2 apartment to someone I was involved with several years ago. He has always dwelled in his own room and their is no romantic issues. We did not sign/write a lease. I knew it would be in my best interest but this is someone I trusted and thought he might prove me wrong. I would like him to leave at this point for various reasons, number one... he does not feel it is necessary to pay his portion of living expenses. He has gotten a much better job since he moved in and is quite capable to afford his own expenses.

My question is... Do I have any rights as the home owner with getting him to leave? I would rather not involve the legal system but just asking him to move is NOT working.

Thank you!

artbugs08

tickle · Jun 20, 2007, 01:34 PM

His situation has probably gotten too comfortable and he is playing you a bit I think. If just asking is not working, as normal people would react and talk it out after that, then you are going to have him evicted and I suggest you talk to your attorney and maybe a few well worded letters will give him a boost out the door.

ScottGem · Jun 20, 2007, 01:35 PM

You own the house, he has been paying rental (though not enough to satisfy you). Therefore he is a tenant and has to be treated like one. Since there is no lease, he's considered a month to month tenant.

You need to give him notice of 1 full rental period in writing that you are terminating the arrangement and he has to be out before the end of the notice period. If he refuses, then you will have to take legal steps to evict.

bananarama · Jun 11, 2010, 04:52 PM

It is called trespassing, when you ask someone to leave and they stay.
Since you have no contract, well think, but not with your emotions.

I have a 23 years old who is friends with my sons, and for the 3rd time around, he stayed, even though I told him that he could not. He is doing his laundry, eats our food, washes his car, put his clothe all over the place, takes a shower in the morning when I need to get ready for work (he does not sustain a steady job, or goes to school on a regular basis), well he does what he pleases. His mother thinks he is an angel. He manipulates, is devious, charming. To me a total bullter and I want him OUT forever. Since I cannot have my children to reason with me on this (they are 20 & 22), I have decided this time around to play nice and say nothing. Iam going to beat him at his own game. No one is seeing this one coming.. After his departure I will annonce to my boys, that this is no longer welcome in our home, and if I see again in "my" home, I will call the police and will take all civil and legal action that charge him with "trespassing" , if it is not enough, it will be a restraining order.
I have talked to him, asked nicely, asked meanly, nothing works. He does what he wants. NO MORE I can assure you this much. My kids can be mad at me, it does not matter. Choose better friends!
The thing is, I am not mad, I am fed up and I have decided to regain control. It is empowering. By the way, I am 21 years old (a single mom w/sons)

bananarama · Jun 11, 2010, 04:54 PM

I meant, I am 51 years old. Sorry:p

bananarama · Jun 11, 2010, 05:00 PM

I don't believe it is entirely true. Month to month have contracts. In this case there is no contract and he/she has the key of the house! So, trespassing (and with a key, I am not entirely certain) could be the ticket out. Another one, would be to send this person and email stating that you want him/her to leave at once and your key back. Written proof is always good