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desi_ · Jan 2, 2012, 11:30 AM

My boyfriend has a room mate that has not paid rent for a year.He pays no utilities and does work part time, but does not offer or pay anything. He has been asked several times to leave and to find another place of residency, but he still continues to live at my boyfriends like he owns the place. What does he do and to go about it legally and peaceful?

JudyKayTee · Jan 2, 2012, 12:25 PM

Legally? He evicts him according to the laws in your State.

Peaceful? If he doesn't want to leave there is no peaceful way to do it.

I'd write him a letter, give him X days to leave and then follow the State Law.

ScottGem · Jan 2, 2012, 12:32 PM

Are they both on the lease? If they are, then he may not be able to evict. He may need to get the landlord to do that.

But he shouldn't be "asking" him to leave. He needs to give him a written notice to vacate by a specified date, then follow up with going to court.

Fr_Chuck · Jan 2, 2012, 12:40 PM

Yes we need to know who is on the lease, that makes a large difference.

desi_ · Jan 2, 2012, 10:39 PM

Thanks for the input. What do I need to address in this letter? If possible can anyone direct me as to how to write this letter? One more thing, the roommate has received mail once or twice at my b.f residence, does that matter and no, he is not on the lease only my b.f is.

ScottGem · Jan 3, 2012, 04:06 AM

Originally Posted by desi_

Thanks for the input. What do I need to address in this letter? If possible can anyone direct me as to how to write this letter? One more thing, the roommate has recieved mail once or twice at my b.f residence, does that matter and no, he is not on the lease only my b.f is.

OK, so if he is not on the lease, then he is your boyfirend's tenant and your boyfriend is his landlord. The mail issue is immaterial, since he has been living there for more than a year.

Since you say he hasn't paid, then there must have been an agreement to pay at one point. So your boyfriend can give him a pay or quit notice. Something like this:

<insert roommate's name>

You currently owe <insert amount owed> for rental at <insert address>. Unless you pay this amount in full by <insert due date>, you are required to vacate the premises. If you do neither I will file for an eviction order.

The due date depends on local laws since you did not tell us where this is we can't tell you how much time has to be given. It is generally 3 - 10 business days.

JudyKayTee · Jan 3, 2012, 09:37 AM

I'm questioning whether the boyfriend wants the roommate out, paying rent or not.

If he DOES want him out then he needs to give him X days to get out and then he needs to evict. Again, when we're guessing at the State it complicates things.

desi_ · Jan 8, 2012, 10:18 AM

Thanks everyone who gave suggestions. Mt b.f did serve him a vace=ate letter which the police showed up and said my b.f was in the right and having printed all the State of California eviction process information was a plus. Now he is taking his slow time moving his things out.The vacate letter was dated for January 6, 2012 for him to vacate. What can my b.f do with the rest of his stuff? The funny thing is he lives next door to us.

JudyKayTee · Jan 8, 2012, 10:52 AM

Send him a letter, give him X days to get his stuff. Tell him after that date you will put it in storage and he can pay to get it out.

He probably will "bite" and remove it and never realize you can't open a storage unit in someone else's name.

You CAN put his stuff in storage with a small down payment, never pick it up, notify him when/where and leave it at that.

ScottGem · Jan 8, 2012, 10:59 AM

Why did the police show up? Has he moved out but just not cleaned out his stuff?

If he has moved out, did he just move next door? If so, your boyfriend tells him to arrange a date to get the rest of his stuff out. Any thing left will be thrown out.

desi_ · Jan 8, 2012, 05:21 PM

Yes he moved out. The police showed up because the vacater called them and said he was being harassed when a relative served him the vacate notice. When all the police told him was to shut the **** up. He rented the apt. Next door. He is not doing nothing. He had all day, what do we do with his things that I think is JUNK.

ScottGem · Jan 8, 2012, 06:00 PM

First, please don't start a new thread, it's the same issue. I merged the threads for you.

Oh I would have loved to be there when the police told him off. That's what happens when you do your homework and prepare properly.

Which leads what you do now. Again, you give him a date. He apparently still doesn't get that you mean business and know your rights. I don't know how much stuff he has. If its just a few bags of stuff, leave them outside his door if he doesn't remove them at the date and time you agree to.