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    PamelaDLA's Avatar
    PamelaDLA Posts: 2, Reputation: 1
    FutureAttorney
     
    #1

    Apr 17, 2015, 10:06 AM
    No written lease agreement... roommate insanity!
    I have a roommate(s) (mother, daughter and daughter's 9 month old) who, were to move in March 1, they moved in 2 weeks early and when I objected, was told they had already rented the u-haul and moved in anyway. Then It was agreed to split the rent 3 ways, yet I have been shorted $34 both March and April on the rent, and $0 on utilities. When April's rent was paid I was informed by the mother, her and I were splitting the rent in 1/2, not what we verbally agreed too. Also, the daughter has run up the utilities, doesn't work, leaves messes for me to clean up after working all night, has broken my property in a violent fit, and thrown a planter and damaged the wall, also damage to the hardwood floor in the kitchen. The mother is verbally abusive and physically violent, seriously! Part of the agreement was since we both work the at same place over night, and my car is in the shop, as part of the agreement she would give me a ride to work and home. That as not happened now for over 2 weeks, even leaving me at home causing me to have to call in when I was unable to get another ride. The question is: HOW do I get these people out of my house, they are costing me more being here than when I was struggling on my own?? Also, a week ago they moved a family of 5 into my basement without even asking me or telling me they were in the space with the daughter until I happened to be up and they emerged from the basement! I am a wreck, please help me! I told her I wanted her out by the first of May on the 3rd of April when she returned from vacation, she said, "evict me, it takes 90 days", since there is no written agreement/lease, and they have terrorized me and my poor dog, oh, and they moved a pit bull into the basement, he stays caged 23 hours a day only let out if I want to do my laundry so I can't go into the basement, or if they tie him up to my landlords boat trailer and all he does is bark and cause angry phone calls to me about the barking dog in the yard! Please help me, this is a living hell and I cannot tolerate it much longer. This is a very nice neighborhood and they are really causing my neighbors to consider purchasing firearms! Yes, I was told that by one of the neighbors!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Apr 17, 2015, 01:21 PM
    ... she said, "evict me, it takes 90 days",
    Don't take her word for it. I don't know which state or country you are in, but in most places it takes a lot less time than that.

    Give her a written notice to quit (normally 30 days, but it varies). If, as understand correctly what you have written, she is behind on the rent (for a sublease from you), give her a "pay or quit" notice (often 3 days). Then, when the period has expired, sue to evict her.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Apr 17, 2015, 03:39 PM
    The people in the basement are trespassers. Call the cops. This is ridiculous.
    In some states 'roommate' tenants are called 'lodgers' and can be evicted in much shorter time. CA is one such state.
    FL has a 15 day eviction period.
    Many are 30 or 60. The only 90 I know of is CA after YEARS of being a tenant.
    PamelaDLA's Avatar
    PamelaDLA Posts: 2, Reputation: 1
    FutureAttorney
     
    #4

    Apr 17, 2015, 07:46 PM
    On the 2nd of April I told her after her outburst that it was not working and they needed to find another place to live by May 1st. It was the first opportunity I had to let her know because she had been out of town until the night before, and I was asleep when they returned and had to work that night third shift. We have no written agreement, it was completely verbal and the agreement was, everything would be split three ways, rent and utilities, basic household things, dish soap, TP, paper towels, cleaning supplies, etc. She has not to date paid the entire amount of their rent ($500 / 3 = 166.66.. ) Their portion would equal $333.32. I have yet to receive any money towards the utilities and when they moved in there was NO ($0.00) past due amount on any of the utilities. Now the electric bill is at a whopping $421.00 and I can only imagine what the water bill is going to be. The daughter runs the washer and dryer 24/7 and is causing damage with constant out of balance loads and the washer spin cycle can be heard in the backyard! I have tried to impress upon them the importance of taking care of the appliances, but as everything, and that is not an exaggeration, I have said, it is ignored and things are then worse. I work every day and come home to a dirty house, the daughter does not work, just leaves the kitchen and other common areas a mess for me to clean up after her, she does not work, stays up till 4 am, keeping the 9 month old up till that hour, screaming and crying constantly, and making as much noise as possible while I am trying to sleep. The basement has an extremely foul odor and that dog is in a cage until I want to go downstairs to do my laundry, he has been allowed to use the bathroom anywhere he pleases, and the baby crawls around on the same floor. This is insanity!
    I am at the end of my rope, I don't know half the people in my house, and am very uncomfortable and fear for my property, therefore I am basically a prisoner in my own home, out of fear of leaving my dog and things except when I go to work. I come straight home and stay in my bedroom, due to the pit bull, (named Savage, "but he's a sweetheart") they have in the basement that I told them not to bring here, because of my personal mortal fear of them and my dog's not used to being yelled at constantly or even having raised voices around him, whether it is at him or not. He is not the same dog, it's sad.
    I told them about a week and 1/2 ago that I was moving and would be out by the 1st, therefore they had to go too. I am hoping this has the desired affect and they decide to just move on to their next victim. I feel I am being a horrible person by not warning the landlord they are moving too, but I fear if asked I would be scared they would be forced to stay if denied. Does that make me a bad person? Please help me!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Apr 17, 2015, 09:13 PM
    Call the police, get the people in the basement thrown out.
    For non payment of rent, you can evict very quickly, depending on where you live.

    You need to give written notice and file eviction in the courts.
    Stop complaining and start acting.

    I would turn the TV, interent and other things off to my house, for now, to make it hard on them. I would not keep any food there, and more.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #6

    Apr 18, 2015, 05:08 AM
    You are not a bad person, but you are too easily conned.
    TELL the landlord, who can throw all of you out (maybe you can come back or something, unless he or she is too angry at you.)
    You haven't even told us the state you live in, or responded to our suggestions. Just more horror stories.
    Will they leave on your bluff? I doubt it. They sound like pros at this.
    PLEASE do what we say, and stop with the half hearted stuff.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Apr 18, 2015, 05:25 AM
    You list your location as Kentucky. This site Kentucky Eviction lists the process for KY. Based on this site you have to give them written notice of 7 days if evicting for non payment, but I think you would be better off with the 14 days for breaking your agreement (even though it was oral). Clearly moving someone into the basement and an unauthorized dog, would violate the agreement.

    You have to serve them IN WRITING. If they still refuse to vacate, then you will have to go to court for an eviction order. I suspect they have done this before which is why they think it will take 90 days. It is possible they can stretch it out that long.

    As for you moving out that may not solve the problem. Is your landlord agreeing to allowing you to move? Does your landlord know these people are living there? Even if you move and they don't, the landlord can hold YOU responsible for the rental and damages until they finally move out. And the landlord doesn't have to try to evict them since you are the leaseholder.

    Did you talk to the police about the people in the basement? I would do so, but I don't hold a lot of hope they will do anything. They were invited in by your tenant, so it is probably not going to be considered trespassing.

    I'm afraid your best bet is to server them IMMEDIATELY with a 14 day vacate notice and follow it up by going to housing court for an eviction order if they don't vacate. Taking in a roommate is not something to be taken lightly. You need to understand your rights and obligations before doing so. You are in this position because you didn't do that.

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