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andrea_2007 · Nov 27, 2007, 05:58 PM

Hello,

I just had a roommate move in with my husband and I two weeks ago in a two bedroom apartment. She is not on the lease, and we just have an oral agreement that she pays her rent on the 10th of each month.
However, my husband and I have decided that we want her to leave because we discovered that she has severe anger issues. She has literally screamed at the top of her lungs at my husband very early in the morning, and is very easily agitated. We told her as of December 10th, we need to move out. She says that she refuses, and that she will stay as long as she likes.
She has harassed me and my husband since this occurred by saying that she will sue us if we make her leave, and that she will call the immigration authorities ( my husband is a legal immigrant) and have him deported over this. She has also called us many obscene names, and I don't feel secure in my apartment. What can I do? She won't go and we need her OUT. Please, any advice is very appreciated. :eek:

student 101 · Nov 27, 2007, 06:09 PM

OK she is not in the least and is only an oral agreement... call the cops and have her remove from your apartment and show that she is not in the least and that she harrast you

Emland · Nov 27, 2007, 06:12 PM

She is not a tenant, she is a trespasser. Ask her to leave, if she doesn't, call the cops like student 101 said.

ScottGem · Nov 27, 2007, 06:15 PM

Sorry but she is not a trespasser, she's your tenant and has to be evicted. Her threats are empty so don't be intimidated by them. Go to your local courthouse and find out the process for eviction. You do have one possibility, if she makes any physical threats, call the police and have her removed, then go to court and get a restraining order against her.

Did you check her references or do a credit check before you let her move in?

andrea_2007 · Nov 27, 2007, 06:21 PM

Originally Posted by ScottGem

Sorry but she is not a trespasser, she's your tenant and has to be evicted. Her threats are empty so don't be intimidated by them. Go to your local courthouse and find out tI he process for eviction. You do have one possibility, if she makes any physical threats, call the police and have her removed, then goto court and get a restraining order against her.

Did you check her references or do a credit check before you let her move in?

Unfortunately, I did NOT conduct a credit check, which I now regret. As for the one other place she lived at, I didn't think I could use her previous landlords advice since he was convicted by the state for renting to her a basement apartment, which is illegal to do in NJ because it only had one exit ( violates safety codes) and in his other rooms in the house, had exeeded the legal limit of occupants that's allowed. I didn't think it would be valid information as a reference from him... the rest were family and friends, and that's pretty subjective references.

CaptainRich · Nov 27, 2007, 06:27 PM

Are you a renter, as well?

She is not on the lease

You may not be authorized to engage with add-ons tennants. If she's not legal on your original lease, Oop's... She's out. Read your original lease thoroughly. You, too, could be evicted if this goes higher.

Emland · Nov 27, 2007, 06:38 PM

Depends on your state, in Virginia, this person would not be considered a tenant. She is a guest if she isn't on the lease and you could force her to leave as soon as she makes herself unwelcome.

ScottGem · Nov 27, 2007, 06:39 PM

Originally Posted by Emland

Depends on your state, in Virginia, this person would not be considered a tenant. She is a guest if she isn't on the lease and you could force her to leave as soon as she makes herself unwelcome.

Can you cite the statute on that?

Emland · Nov 27, 2007, 06:51 PM

"Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others and shall include roomer. Tenant shall not include (I) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.

LIS > Code of Virginia > 55-248.4

ScottGem · Nov 27, 2007, 07:03 PM

That doesn't say anything. If she paid rent, even only the first month's or a security deposit, then she became a tenant.

Emland · Nov 27, 2007, 07:05 PM

The tenants are the people on the lease. She is a guest who has made a separate personal contract to pay. She has made herself unwelcome and can sue them in civil court if she wants, but she has no legal rights to the apartment.

andrea_2007 · Nov 27, 2007, 07:11 PM

Originally Posted by Emland

The tenants are the people on the lease. She is a guest who has made a seperate personal contract to pay. She has made herself unwelcome and can sue them in civil court if she wants, but she has no legal rights to the apartment.

I would like to know what the worst that can happen if she sues us? And also how she is going to prove to the court that we rent the bed room for her and she doesn't have anything written between us?

Emland · Nov 27, 2007, 07:12 PM

Originally Posted by andrea_2007

I would like to know what the worst that can happen if she sues us?. And also how she is gonna prove to the court that we rent the bed room for her and she doesn't have anything written between us?.

Exactly. She has nothing to show the court. Courts want documentation. Without that, she has no case.

ScottGem · Nov 27, 2007, 07:16 PM

Originally Posted by andrea_2007

I would like to know what the worst that can happen if she sues us?. And also how she is gonna prove to the court that we rent the bed room for her and she doesn't have anything written between us?.

The question is, did she pay you anything and how did she pay? Before we can intelligently advise further we need to know that.

It would also help to know what state you live in.

andrea_2007 · Nov 27, 2007, 07:17 PM

Originally Posted by Emland

Exactly. She has nothing to show the court. Courts want documentation. Without that, she has no case.

Do you know any information about how I can find these types of laws for the state of New Jersey because I can't seem to find there landlord/tenant laws online?

ScottGem · Nov 27, 2007, 07:18 PM

There are links to state laws at the top of this forum.

Emland · Nov 27, 2007, 07:22 PM

LSNJLAW - Tenants' Rights in New Jersey

andrea_2007 · Nov 27, 2007, 07:22 PM

Originally Posted by ScottGem

It would also help to know what state you live in.

I

She paid her rent in cash, and I live in New Jersey. Unfortunately, the listing above said that the website for the state of NJ is under construction, that's probably why I couldn't find an official site.

ScottGem · Nov 27, 2007, 07:35 PM

We do have a NJ RE atty here so hopefully she will weigh in here. But my opinion is that unless you can show some other relationship with this woman, a court is not going to think a stranger is a guest in your home. The thing is you do not want to give her grounds to sue you. If you try to just force her out, you may. On the other hand, if you scrupulously follow the eviction procedure, you will not be giving her grounds for a suit.

andrea_2007 · Nov 27, 2007, 07:44 PM

Originally Posted by ScottGem

We do have a NJ RE atty here so hopefully she will weigh in here. But my opinion is that unless you can show some other relationship with this woman, a court is not going to think a stranger is a guest in your home. The thing is you do not want to give her grounds to sue you. If you try to just force her out, you may. On the other hand, if you scrupulously follow the eviction procedure, you will not be giving her grounds for a suit.

I am going to give her a 15 days notice. But I wonder what this notice should contains?