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    wilmaepps's Avatar
    wilmaepps Posts: 2, Reputation: 1
    New Member
     
    #1

    May 4, 2009, 08:00 AM
    Tenant vs room mate dispute
    My son let his friend come stay with the agreement he would help pay , but friend has not helped in 2 months can he make him move out since he's not listed on lease ?
    TristaNicholle's Avatar
    TristaNicholle Posts: 75, Reputation: 9
    Junior Member
     
    #2

    May 4, 2009, 08:06 AM

    If the friend is not listed on the lease, then I would assume he has no legal right to stay in the apartment if your son wants him to move out. Your son on the other hand is bound to the terms of the lease he signed.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #3

    May 4, 2009, 08:14 AM
    If he has ever paid at all then he is a tenant for legal purposes. Your son is his landlord. Your son has to give him a written notice terminating his tenancy and then, if he doesn't leave, your son has to file a lawsuit for eviction.

    The length of time for the notice depends on state law.
    wilmaepps's Avatar
    wilmaepps Posts: 2, Reputation: 1
    New Member
     
    #4

    May 4, 2009, 08:25 AM
    Legal tenant and roommate dispute
    My roommate has been living with me for 4 monthes he is not on my lease nor does he plan to be he has only put 50 dollars towards utilities can I make him leave now.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #5

    May 4, 2009, 08:34 AM

    After 4 months, odds are that he has established residency. File for eviction against him and add whatever costs he has not paid.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #6

    May 4, 2009, 08:36 AM
    (Thread merged)

    As I said earlier, since he has paid in the past he is considered a tenant and has to be legally evicted. You can't just "make him leave".
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #7

    May 4, 2009, 09:11 AM

    Good catch Lisa... I'm curious as to why a mother and son are using the same username - also how the roommate/friend is there for 2 months, but now he's been there for 4 months.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    May 4, 2009, 09:37 AM

    You need to check on what the rules for eviction are in your area. Your local housing court can probably tell you.

    As a side note, setting up an ID is free here. There is no need for two people to share an ID. Doing so can make things confusing as shown here.

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