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    samac's Avatar
    samac Posts: 2, Reputation: 1
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    #1

    Mar 11, 2011, 08:16 PM
    How to get SC roommate out?
    I have a roommate, and of course did not add her to my lease. We had a verbal agreement that she would stay for 6 months. A week ago, she told me that her internship was ending earlier than she thought and she would be moving back home and that she was giving her "3 weeks notice". I told her that I would do my best to find another roommate within that time frame, but if I could not, she would need to pay out the remaining months that we agreed to. We've only been roomates for 2 months. The situation is somewhat complicated, because I have a custody legal situation and had to notify my attorneys, have a background check, etc. on her before allowing her to move in with my daughter and I. This puts me at risk of looking unstable, etc. because I had the roommate for 2 months. And now need another. I understand there is no legal standing with our "verbal" agreement, but she has gotten very snide and rude since this has taken place. She is now talking about legal binding agreements and the fact that she did not sign one and doesn't owe me anything. True, but my question is, since there is no written agreement, she doesn't owe me anything (money) and I don't legally owe her anything (a place to live)? I want to sit her things outside and have her come and pick them up asap. My home is not a boarding house of convenience. My deal is, we had a verbal agreement, if she is breaking it, I should be able to break it as well. Could there be any problems or trouble that I could get into with the law if I did sit her stuff out?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 11, 2011, 08:24 PM

    Verbal rental agreements are very binding.

    And of course there is a legal binding agreement.
    BenAssa's Avatar
    BenAssa Posts: 21, Reputation: -1
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    #3

    Mar 14, 2011, 05:51 PM
    What do you have to gain from doing it?
    As I see it you can loose from fighting her more( looking even less stable in your custody case because of fighting her, and maybe having a harder time getting a new roommate if she goes psycho and starts defaming you)
    And cannot win
    Easy choice
    Try to make a deal with her something of the sort of her paying an additional 2-3 weeks of rent after leaving, and you two separating on good terms
    But even if she doesn't pay a single day after she leaves, I wouldn't get into any fight that can make the custody case more complicated
    samac's Avatar
    samac Posts: 2, Reputation: 1
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    #4

    Mar 14, 2011, 07:17 PM
    Comment on BenAssa's post
    True. Thanks for the feedback. I'll just deal with the situation, she'll be out soon. Its not worth causing any problems in my personal life. I think I was just upset and wanted her out, but after thinking about it rationally, sitting her things outside would be an immature move on my part, and I'm a mother and cannot stoop to that level. Thanks again.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 14, 2011, 07:40 PM

    The thing is she can prove she lives there, but you can't prove there was an agreement for 6 months. So if you try locking her out, she can sue you for an illegal eviction. You can try suing her for the balance of 6 months, but without a written agreement

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