[marise]

We took in a roommate (who we knew) to share our home and expenses. We are living part time there and at another location out of state. She has not paid rent or her portion of utilities on time. Rent is half of market value of a 4 bedroom home of which she is using 2 of the bedrooms with use of all common spaces. We have a verbal lease agreement. This is in NJ. We would like to evict ASAP as it is not working out for us. In addition to not paying rent, there have been damages to property and very poor housekeeping. Also, she stated that our grown children and friends are not allowed to visit us there. So many details that were misunderstood may be too numerous to list here. And to complicate the situation, we have a buyer for our house. How do we evict? We have offered to refund a month's rent if she vacates quickly. We do not have security money either. So much for thinking you know and trust someone! Please advise. Thanks.

[ScottGem]

If she is behind in the rent you can give her a pay or quit notice. Which would be the fastest way. If she refuses to leave you then need to go to court for an eviction order.

[AK lawyer]

... She has not paid rent or her portion of utilities on time. ... We have offered to refund a month's rent if she vacates quickly ...

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Which is it? She can't be behind on her rent and be paid ahead at the same time.

[marise]

Does a tenant who vacated my rental have the right to come back onto the property to dig up plants that she planted?

[marise]

If she is behind in the rent you can give her a pay or quit notice. Which would be the fastest way. If she refuses to leave you then need to go to court for an eviction order.

Luckily, she vacated without the eviction process but left owing 1 month's rent plus utilities. There were also some damages to property. I wanted to know if she has the right to come back onto property to dig up plants that she planted while there?

[ScottGem]

No, plantings would be considered permanent improvements. However, if you aren't there all the time, it may be hard to stop it.

Also, you can sue her for what she owes, including property damage. Whether it would be worth it is something you need to decide.

In the future though, if you decide to take on another roomie, do it in a business-like manner. Make a lease, check references, get a security deposit.

And please don't start multiple threads on the same issue. I merged your threads for you.

[marise]

No, plantings would be considered permanent improvements. However, if you aren't there all the time, it may be hard to stop it.

Also, you can sue her for what she owes, including property damage. Whether it would be worth it is something you need to decide.

In the future though, if you decide to take on another roomie, do it in a business-like manner. Make a lease, check references, get a security deposit.

Thanks for your reply. If the plantings are removed, can that also be used if I go for damages? I am not sure it is worth the time and effort, but just in case, I would like to know. She is threatening to take me to court, though I can't imagine on what grounds.

And no more handshake, roommate agreements. I have learned a hard lesson but at least didn't have to do the eviction process. Compared to some other postings, I got off pretty easy. ; )

[ScottGem]

That depends. If she just uproots the plants and leaves the holes, that might be considered damages. If she does it neatly, then the only damages are the value of the plants.

[joypulv]

Plantings certainly go with a house when it is sold. A roommate's plants... that's a grey area I wouldn't bring to court with other damages, unless she ruined the terrain, or bought the plants as part of a rent exchange.