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travelchamp · Jan 8, 2014, 02:45 AM

I am subletting a room in my 2 bedroom apartment. My landlord was OK with that and did not require for me to and the subtenant to sign a lease. There was only a verbal agreement between us and email communication where he (subtenant) agreed to pay the rent. It has been only 2 months and the subtenant said he does not have this month's (Jan) rent. He doesn't know when he will have some money. He is being very disrespectful to me, using foul language, screaming on the phone, committing nuisance. I even had neighbors complain to me while I was at work. I asked him to move out and he now broke the door the bedroom he is staying in because he locked himself out of the bedroom and can not afford to call a locksmith. I do not know what to do. He came in and I even gave him a mattress to sleep on. He had nothing else but his clothes. I fear he will damage the apartment when I'm at work. I would not mind putting his clothes out of the apartment and changing my locks but I'm not sure if it's legal. I asked him to sign a 30 day notice to vacate and he did not want to talk to me. Please help me with any advice. Thank you.

tharratt41 · Jan 8, 2014, 04:10 AM

That seriously depends on what state your in. In some states its actually illegal to sublet. In most states it is illegal to remove his property without a court ordered document. My advise would be go to your local court house or town hall and find out what forms you need to have filled out to process an official eviction. Do not remove his belongings. He can retaliate in most states if you remove his belongings. In most states if you allow a person to move into your home the become a residence of that property and are then entitled to the rights of a legal occupant. In most cases you must evict. Some states like NY have newly reformed eviction policies that allow for 3 7 and 14 day eviction notices. Other states have 30. Go to the court house get a document signed by the judge, there may be a small fee. If your troublesome tenant retaliates call the police show them your document signed by the court. Please also keep in mind that everything varies from state to state. Always have official paperwork and never try to evict someone yourself unless your state allows it.

joypulv · Jan 8, 2014, 04:52 AM

He does not have to sign a notice to vacate; you just give it to him. In most states he is your tenant, but in a few states he is a lodger and can be evicted much faster. If you want to tell us the state (US) we can look it up, or you can.
Roommates are always a difficult situation because you do have to worry about retaliation while this is going on.

Fr_Chuck · Jan 8, 2014, 05:29 AM

This has nothing to do with YOUR landlord, he is your tenant and I agree in a few locations may be a lodger. ( assuming you are in the US. this is an international web site) Yes, a room mate issue can be dangerous, since yes, he can still your things, do damage and more. One reason I would never do it.

But you can not legally lock him out. It is done illegally all the time, but it is not legal to do so.

ScottGem · Jan 8, 2014, 05:38 AM

In some states its actually illegal to sublet.

Can you cite any law to support that? As far as I know, there is no US state that prohibits sub-letting, but leaves it up to the lease arrangement.

ScottGem · Jan 8, 2014, 05:43 AM

First, any question on law needs to include your general local as laws vary by area. As long as your landlord was OK for you to have a roommate then the landlord has no other involvement. This isn't really a sublet, but a roommate situation. You are this person's landlord and he is your tenant. Therefore, you both have any rights and responsibilities inherent in that relationship.

As noted, he does not need to sign any notice. However, if the rent is late, you should give him a pay or quit notice. This notice give him x (depending on local laws) days to pay what he owes or vacate. If he does not pay in full or vacate within the deadline, then you go to court and file for an eviction order. You cannot change the locks or put his belongings out without leaving yourself open for a lawsuit for an illegal eviction. Also you can't change the locks without your landlord's permission.

For the future, you need to screen roommates better, get references and otherwise check them out. And have them sign a written lease so you both are protected.

LisaB4657 · Jan 8, 2014, 05:52 AM

If your subtenant has use of all of the apartment other than your bedroom and your bathroom then most likely he is not a lodger but must be treated as a tenant even though there is no written agreement. That means that you must give him a written notice that his tenancy is terminated and he must move out within xx days. The number of days depends on state law. Tell us your state and we'll tell you the correct amount of notice you must give him.

If he doesn't move out within that time period then you have to file a lawsuit for eviction. The court will set a date for a hearing and, assuming the tenant has no defense, the judge will grant you a judgment for eviction. Then you bring that judgment to the sheriff's office and they will schedule and perform an eviction.

Do not change the locks or dispose of your tenant's belongings before you have received a judgment for eviction from the court!

travelchamp · Jan 8, 2014, 10:02 AM

Thank you all for your input. I live in Los Angeles, CA. What happens if he becomes violent and damages the apartment more or gets in a fight with me or my visitors? In that case if I call the Police can he be out or do I still have to get a court order? I know that sometimes it can take a long time to evict someone.

ScottGem · Jan 8, 2014, 10:29 AM

In CA you can give him a 3 day pay or quit notice. The drawback to this is, if he pays in full within the 3 days you have to start over.

There is really nothing you can do to anticipate him doing damage. If he does, you will have to sue him for restitution. If he does get so violent that you have to call the police you can ask for a restraining order to keep him away.